D.T.C. v. Rumal Singh
Case brief
What is this about?
The High Court dismissed the Delhi Transport Corporation's writ petition challenging a Labour Court order directing payment of 75% back wages. The Court held the DTC liable to pay immediately, noting its unchallenged rejection of the award and its own default in implementation.
What did the court decide?
Direction to DTC to pay the amount within four weeks, failing which interest at 18% per annum shall be payable.
What the court decided
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Judgment: 7th May, 2018
- W.P.(C) 2084/2006 D.T.C. ..... Petitioner Through Mr. U.N.Tiwary, Advocate versus RUMAL SINGH ..... Respondent Through Mr.Rakesh Kumar and Ms.Anubha Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
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C. HARI SHANKAR, J.
1. After hearing arguments in this matter, I had, vide order pronounced today, dismissed the writ petition, for reasons to be recorded thereafter. This judgment records the reasons for such dismissal.
2. The controversy is extremely narrow. While he was working as a Conductor with the petitioner – DTC, the respondent Rumal Singh was issued a charge sheet on 20th February, 1985, following which a departmental inquiry was held, which found the respondent guilty. The charge against the respondent, it may be noted, was of issuing tickets of denomination lesser than the fare collected from the passengers. Show Cause Notice dated 30th March, 1986, followed, culminating in the removal, of the
Issues for consideration
3 issues framed by the court
Whether the petitioner by its challenge to the Labour Court order relying on a dismissed petition, should be barred from disputing its liability to pay delayed wages.
Whether the Labour Court erred in directing immediate payment of 75% back wages without a prior adjudication under Section 33-C(2) when the liability was already admitted.
Whether the petitioner can capitalize on its own delay in implementing the Labour Court award to deny full wages to the workman.
Parties & counsel
- petitioner
DTC
- respondent
Rumal Singh
Coram
C. Hari Shankar
Case details
As recorded by the court registry
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