Delhi Transport Corporation v. Ram Avtar
Case brief
What is this about?
The High Court of Delhi set aside an industrial dispute award that reinstated a former driver of Delhi Transport Corporation who had worked without a Heavy Motor Vehicle license beyond the mandatory retirement age of 55 years. The Court held the termination was not illegal and dismissed the claim for reinstatement as it had become infructuous, granting retirement benefits instead.
What did the court decide?
Dismissed the claim for reinstatement and back wages; granted retirement benefits from the date of termination.
What the court decided
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on : 06th July, 2017 Date of decision : 11th July, 2017
W.P.(C) 1272/2016
DELHI TRANSPORT CORPORATION ..... Petitioner
Through Mr. Sarfaraz Khan, Advocate
versus
RAM AVTAR ..... Respondent
Through Mr. Vinod Sharma, Advocate
CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT
ANU MALHOTRA, J.
- The Delhi Transport Corporation / the management / the petitioner herein vide the present W.P. (C) 1272/2016, has assailed the impugned Award dated 08.10.2015 of the learned Additional District & Sessions Judge, Presiding Officer, Labour Court-XIX, Karkardooma Court, Delhi in LIR/D No. 41/14 in a claim filed by the claimant / workman i.e. respondent herein Sh. Ram Avtar s/o Late Shri Chhabbu Lal before the Labour Court-XIX, Karkardooma Court,
Issues for consideration
3 issues framed by the court
Whether the termination of the respondent's services by the petitioner during employment beyond the age of 55 years was illegal in the absence of a Happy Medium Vehicle license.
Whether the claimant is entitled to reinstatement in service and back wages after the impugned award has become infructuous due to superannuation.
What retirement benefits the respondent is entitled to from the date of retirement.
Parties & counsel
- petitioner
Delhi Transport Corporation
- respondent
Ram Avtar
Coram
Anu Malhotra
Case details
As recorded by the court registry
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