The Delhi High Court on Wednesday dismissed Delhi Transport Corporation’s writ petition in a matter of suspension and subsequent removal from service of a bus conductor for ‘serious irregularities’ found during a surprise inspection in 1993.
In DTC v Inderjit, Justice Rekha Palli heard the challenge to awards of Labour Court rejecting the application for approval of termination of Inderjit’s service.
Inderjit too had filed a writ petition, which was disposed of by the common judgment. He contended reinstatement of service on grounds of finality of Labour Court’s order rejecting his termination by DTC. However, Labour Court had, in a separate award, denied full backwages to Inderjit while granting reinstatement with consequential benefits including continuation of service, which has not been specifically challenged.
Court however, granted 50% backwages till his superannuation date of 31.08.2016 as final claim, which would operate as res judicata in view of the High Court’s division bench judgment in DTC v Surjeevan Kumar (2013).
Court held, “the petitioner’s application for approval stands rejected, the removal order passed by the petitioner has to necessarily be treated as non-est and, therefore, there is absolutely no merit in the petitioner’s challenge either to the impugned order dated 14.05.2010 or to the impugned Award dated 31.08.2012. However, in view of the fair stand taken by the respondent agreeing to accept payment of 50% backwages, even though the respondent is entitled to be treated in continued service from the date of his termination, it would be in the interest of justice to restrict payment of backwages to him to 50%, especially in the light of the fact that the Award declining him grant of backwages has not been challenged by him till date.”
–India Legal Bureau