D.T.C. v. Yad Ram
Case brief
What is this about?
This Court modified an impugned award by granting only 50% back wages instead of full wages for a workman, relying on the Supreme Court's decision in Phool Chand due to lack of evidence on quantum.
What did the court decide?
Impugned Award is modified to grant 50% back wages. Petitioner's deposit of 50% compensation is released to respondent-workman with interest.
What the court decided
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: December 10, 2018
- W.P.(C) 1075/2007
D.T.C. ..... Petitioner
Through: Ms. Avnish Ahlawat & Mr. N.K.Singh, Advocates
Versus
YAD RAM ..... Respondent Through: Mr. Rajiv Dewan, Advocate
CORAM: HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT (ORAL)
The challenge to the impugned Award of 22nd April, 2006 by petitioner’s counsel is confined to the grant of back wages in view of order of 22nd February, 2007.
Petitioner’s counsel assails the impugned Award by submitting that back wages ought not be granted as a matter of right, as respondentworkman was gainfully employed elsewhere and so, it is submitted that back wages granted ought to be suitably reduced. In support of his submissions, petitioner’s counsel relies upon decision in U.P.State Brassware Corpn. Ltd. & Anr. Vs. Udai Narain Pandey (2006) 1 SCC 479 to submit that respondent is entitled to 25% of back wages only.
Issues for consideration
2 issues framed by the court
Whether full back wages should be granted to a workman gainfully employed elsewhere.
How the Supreme Court's ratio in Phool Chand applies to grant reduced back wages.
Parties & counsel
- petitioner
D.T.C.
- respondent
Yad Ram
Coram
Sunil Gaur
Case details
As recorded by the court registry
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