DELHI ELECTRIC SUPPLY UNDERTAKING Vs. G P SATSANGI
HIGH COURT OF DELHI
DELHI ELECTRIC SUPPLY UNDERTAKING
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(1.)THIS is a batch of letters Patent Appeals and Civil Writ Petitions. Apart from certain special facts in each case which we shall mention later on, the common point which arises in all these appeals and writ petitions relates to whether an employee of Delhi Municipal Corporation working on DESU side if suspended pending a departmental enquiry or during the pendency of investigation or enquiry on criminal charges is entitled to be paid full wages as urged by the workman respondent or only the subsistence allowance, as claimed by the appellant Management. We shall take the facts from L. P. A. 107 of 1977.
(2.)THE respondent workman remained under suspension from 9th June, 1970 to 31st December, 1974. He thereafter moved the Labour Court under S. 33 (C) (2) of Industrial Disputes Act claiming the full wages for the period he was under suspension. The Delhi Municipal Corporation resisted plea amongst others on the ground that only subsistence allowance was payable in terms of Regulation 13 which had been framed by the erstwhile Delhi State Electricity Board in exercise of power under S. 79 (c) of the Electricity Supply Act. 1948. The Labour Court held that Regulation 13 had ceased to exist after the coming into force of the Delhi Municipal Corporation Act 1957 (to be called 1957 Act) which came into force on 28th April, 1957. He, therefore, held that the workman was entitled to his full pay and allowance during the period of suspension.
(3.)THE appellant thereafter files C. W. No. 553/1976, D. K. Kapur J. by this impugned order dated 29th May, 1977, affirmed the view of the Labour Court and dismissed the writ petition. Aggrieved the present appeal has been filed by DESU.
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