Chander Pal v. The Cmd, M/S Delhi Transport Corporation

RAJIV SAHAI ENDLAW,J

NOVEMBER 24 , 2011 pp..

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24th November, 2011 + W.P.(C) 7419/2011 CHANDER PAL ..... Petitioner Through: Mr. Ram Sewak, Adv. versus THE CMD, M/S DELHI TRANSPORT CORPORATION ..... Respondent Through: Mr. Manish Garg, Mr. S.K. Bansal & Mr. Mohit Sharma, Adv. for DTC. CORAM :- HONE'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. Whether reporters of Local papers may be allowed to see the judgment? 2. To be referred to the reporter or not? 3. Whether the judgment should be reported in the Digest? ACTING CHIEF JUSTICE 1. The petitioner has challenged the order dated 30th May, 2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.1988/2010 preferred by the petitioner; by means of the aforesaid order the OA of the petitioner has been dismissed. The petitioner also filed RA No.205/2011 which met the same fate as the said review application has also been dismissed vide order dated 14th July, 2011. This order is also subject matter of challenge in the present proceedings. 2. In order to understand the controversy, we would like to recapitulate the relevant facts. 3. The petitioner herein was appointed as Driver by the respondent Delhi Transport Corporation (DTC) on 27th February, 1978. The services of the petitioner were terminated on 12th June, 1989; it was treated as "deemed resignation" on the ground that the petitioner had not been attending duties and was unauthorizedly absent. The aforesaid deemed resignation/termination was challenged by the petitioner by raising industrial dispute which was referred to the Labour Court, Delhi for adjudication. This resulted in passing of an award dated 16th August, 1999 whereby the Labour Court held the termination to be bad in law. As per the Labour Court the unauthorized absence could be treated as misconduct and therefore it was necessary to hold an inquiry. Accordingly the award reinstating the petitioner in service with 50% back wages was passed. W.P.(C) No.3943/2000 against this award was filed by the respondent DTC which was dismissed. LPA No.31/2002 preferred thereagasint was dismissed by the Division Bench of this Court and thereafter review application was also dismissed by the Division Bench. The respondent DTC went to Supreme Court and preferred SLP(C) No.7110-7111/2004. 4. It so happened that in various other cases similar action was taken by the respondent DTC of terminating the services of those workers as deemed resignation and which cases had met the same fate up to the High Court level. The respondent DTC had challenge the order in those cases as well by preferring SLPs. These SLPs were granted by the Supreme Court and therefore were converted into civil appeals. Before the Supreme Court all these appeals were taken up together for consideration having regard to communality of questions of law raised therein. These appeals were disposed of by the Supreme Court vide order dated 25th April, 2006 as the parties had settled the matter, consent order was passed by the Supreme Court in those appeals which included the appeal preferred by the respondent DTC against the petitioner herein as well. As per the consent terms all these employees were to be reinstated by the respondent DTC "without their laying any claim for back wages". It was further agreed that intervening period will be taken into account for the purpose of continuity so that certain retiral/pensionary benefits can be availed by them. 5. Pursuant to the aforesaid settlement arrived at between the parties recorded by the Supreme Court in its order dated 25th April, 2006 these persons including the petitioner joined the services. On joining the duties the basic pay of the petitioner herein was fixed at `4750/- vide order dated 1st October, 2007. While fixing the pay of the petitioner the petitioner was given benefit of increments and two financial upgradations under the Assured Career Progression (ACP) Scheme for the intervening period