DELHI TRANSPORT CORPORATION Vs. RAM KUMAR

JUDGEMENT

(1.) Vide the present petition under Articles 226 and 227 of the Constitution of India, the petitioner/DTC impugns the order dated 11.01.2017 passed by the learned Labour Court in LCA No.09/16, directing the petitioner to pay a sum of Rs.2,76,449.00 to Smt.Babli Devi, the legal representative of the deceased respondent/workman, towards his wages for the period between 15.10.2009 and 28.07.2011.

(2.) Before dealing with the rival contentions of the parties, it may be appropriate to note the undisputed facts emerging from the record. The respondent/workman having been appointed as a Driver in the petitioner/DTC on 29.09.1982, was terminated from service on 29.06.1989. Upon being terminated, he raised an industrial dispute, which culminated in an award dated 15.10.2009 in his favour, wherein the learned Labour Court directed his reinstatement with continuity of service, but without any back wages. It is an admitted position that though the petitioner/DTC did not challenge the said award, it did not take any steps for implementing the same for almost two years and, for the first time, wrote a letter to the respondent/workman on 20.06.2011, directing him to report for duties within ten days from the receipt of the said letter. The said letter was, however, not sent to him on 20.06.2011 and was instead posted to him pursuant to directions issued by the competent authority on 26.07.2011, whereafter the respondent/workman passed away on 28.07.2011, i.e., even before the said letter could be served on him. After his death, Smt.Babli Devi claiming to be his widow, approached the learned Labour Court by way of an application under Sec. 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") seeking directions to the petitioner/DTC to pay her the arrears of respondent/workman's wages for the period between 15.10.2009 and 28.07.2011.

(3.) Before the learned Labour Court, the plea of Smt.Babli Devi was that she was the legally wedded wife of Late Shri Ram Kumar, who was earlier married to her elder sister Smt.Savitri Devi, who had gone missing after 6-7 months of the marriage itself and, in these circumstances, the marriage between her and respondent/workman Shri Ram Kumar was solemnised. It was also pointed out before the Labour Court that though the name of Smt.Savitri Devi was reflected in the service records of the petitioner/DTC, all the documents, including Ration Card, Aadhar Card, and Voter Identity Card clearly reflected the name of Smt.Babli Devi as the wife of Late Shri Ram Kumar relying on the aforesaid stand of Smt.Babli Devi, the learned Labour Court allowed her claim and directed the petitioner/DTC to pay her the arrears of the respondent's wages from the date of passing of the award dated 15.10.2009 till the date of the respondent's death.