DELHI TRANSPORT CORPORATION Vs. SIRI KRISHAN

JUDGEMENT

(1.) The present Regular First Appeal under Section 96 of the Code of Civil Procedure impugns judgment and decree dated 12.07.2010 passed by the learned Additional District Judge, (Central-13), Tis Hazari Courts, Delhi in Civil Suit No.132/2008, whereunder the suit filed by the appellant seeking recovery of a sum of Rs.3,30,097/- along with interest at the rate of 18% per annum from 09.09.1998, from the respondent was dismissed on the grounds of limitation as well as on merits.

(2.) The facts as necessary for adjudication of the appeal may be noted hereinbelow.

(3.) The respondent while working as a Conductor with the appellantCorporation was, based on the finding of a domestic enquiry, dismissed from service on 01.08.1974, which dismissal was assailed by him raising an industrial dispute. The respondent succeeded before the labour Court which, vide its award dated 18.01.1988, set aside his dismissal from service by imposing a penalty of stoppage of six increments on him. The award also directed the appellant to reinstate the respondent with 50% backwages. The aforesaid award dated 18.01.1988 came to be challenged by the appellant before this Court by way of a writ petition [C.W.P 2229/1988] and this Court was pleased to issue notice in the petition wherein no stay of the impugned award was granted in favour of the appellant. However, since the appellant did not comply with the terms of the award despite there being no stay granted therein, the respondent moved an application before this Court seeking a direction to the appellant to implement the award. When the respondent's application came up for hearing before this Court on 18.02.1991, the following order was passed:-