Raj Singh v. D.T.C.
Case brief
What is this about?
The High Court enhanced the compensation awarded to a dismissed conductor from Rs. 75,000 to Rs. 4 lakhs. The Court rejected the employer's res judicata plea regarding prior Section 33(2)(b) permission and dismissed the challenge to the induction of the dispute, citing a four-year delay.
What did the court decide?
Compensation enhanced to Rs. 4 lakhs; DTC directed to pay within eight weeks with 10% interest; prior deposit released towards award.
What the court decided
*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 8th September, 2011
- W.P.(C) 5540/2008
SHRI RAJ SINGH ..... Petitioner Through: Mr. G.S. Charya, Adv.
versus
DELHI TRANSPORT CORPORATION ..... Respondents Through: Mr. J.B. Malik, Adv.
AND
W.P.(C) 6124/2008
DELHI TRANSPORT CORPORATION ..... Petitioner Through: Mr. J.B. Malik, Adv.
versus
SHRI RAJ SINGH ..... Respondents Through: Mr. G.S. Charya, Adv.
CORAM : -
Issues for consideration
3 issues framed by the court
Whether the High Court was justified in setting aside the Industrial Adjudicator's award of compensation as inadequate given the delay in raising the dispute and the employee's past service record.
Whether the doctrine of res judicata barred the challenge to the removal order despite the prior permission for reinstation under Section 33(2)(b) of the Industrial Disputes Act.
Whether the High Court should have enhanced the compensation awarded in lieu of reinstatement considering the proportionality of relief and the employee's potential future service.
Parties & counsel
- petitioner
SHRI RAJ SINGH
- respondent
DELHI TRANSPORT CORPORATION
- petitioner
DELHI TRANSPORT CORPORATION
- respondent
SHRI RAJ SINGH
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court