DELHI TRANSPORT CORPORATION Vs. VIJAY KUMAR

JUDGEMENT

(1.) The present writ petition assails the order dated 20.05.2017 passed by the Labour Court-XVII, Karkardooma Courts, Delhi in LCA No.40/17 whereunder the respondent's application under Section33(C)(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'I.D. Act') was allowed and the petitioner management has been directed to pay a sum of Rs.10,71,616/- to the respondent towards his unpaid salary for the period between 01.11.2013 to 30.04.2017.

(2.) The respondent/workman was appointed as a Conductor in the petitioner/DTC on 06.11.1982. In February, 2008 when he was found to be suffering from a vision problem, he was asked to appear before a Medical Board constituted by the respondent, which Board advised him rest from time to time and finally on 13.10.2008 declared him unfit for performing the duties of a Conductor.

(3.) Based on this report dated 13.10.2008, the respondent was w.e.f. 23.06.2009 assigned table duties instead of being asked to discharge the duties of a Conductor, which post he was holding. The petitioner satisfactorily performed the table duties assigned to him till 24.09.2012, when he was transferred to Sriniwas Puri Depot, where he reported but expressed his inability to perform the duties of a Conductor. In these circumstances, he was directed by the Depot Manager, Sriniwas Puri to report back to PLD-III, which the respondent admittedly did but was not assigned any further duties by the petitioner. The respondent thereafter submitted various representations to the petitioner repeatedly requesting the management to either take him back on duty or pay him wages. It was only on 06.03.2018 that the respondent was again assigned table duties and he now stands superannuated from service.