DELHI TRANSPORT CORPORATION Vs. BIR SINGH

JUDGEMENT

(1.) The petitioner, i.e., the Delhi Transport Corporation assails the impugned order dated 12.05.2017 of the learned Pilot Court/ POLCXVII, KKD, Delhi in LCA No.59/17 and vide the instant petition seeks that the said order be set aside. Vide the impugned order dated 12.05.2017 on a petition, LCA No.59/17 filed by the workman under Section 33-C(2) of the Industrial Disputes Act, 1947 for wages under Section 17-B of the said enactment from 01.03.2016 to 31.05.2017, the workman i.e. the respondent to the present petition was held entitled to wages under Section 17-B of the Industrial Disputes Act, 1947 up to 30.04.2017 which worked out to Rs. 1,72,380/- from which there is a mandatory deduction for CPF to the tune of Rs. 10,690/- and after deduction of the amount, the total computation worked out to Rs. 1,51,690/- in favour of the claimant i.e. the workman and there were directions issued vide the impugned order dated 12.05.2017 directing the management i.e. DTC i.e. the petitioner herein to pay Rs. 1,51,690/- to the workman within a period of one month from the date 12.05.2017 failing which it would be liable to pay interest on the same at the rate of 9 per cent per annum till its realization.

(2.) As per averments made in the petition, the workman i.e. the respondent to the present petition was employed as a driver of the petitioner in the year 1982 and was removed from service on 06.03.1992 for the reason that on 09.11990, he along with another driver bearing Batch No.1541 went to the Control Room and asked for allotment of duty and when they were not allotted duty, these persons started abusing and creating obstruction in the workman's Control Room and threw away the attendance register and office register of the Control Room and tore page no.68. The workman i.e. the respondent to the present petition challenged his removal from service by filing I.D. No.325 of 2006 titled as "Sh. Bir Singh Vs. M/s. Delhi Transport Corporation" before the learned Labour Court, Karkardooma Courts, Delhi and vide award dated 06.01.2011 in the said I.D. No.325 of 2006, the workman was held entitled to reinstatement in service and it was ordered that the workman i.e. the respondent to the present petition was held entitled to 25 per cent of the wages from the date of receipt of the reference i.e. on 21.10.2003 till his reinstatement in service. Admittedly as indicated vide the averments made in the petition and the impugned order dated 105.2017 in LCA No.59/17 of the Pilot Court/ POLC-XVII, KKD, Delhi, the DTC i.e. the petitioner herein filed a Writ Petition (C)8073/2011 in this Court challenging the said award dated 06.01.2011 in I.D. No.325 of 2006 on which notice was issued to the respondent/ workman and the respondent thereafter moved an application under Section 17-B of the Industrial Disputes Act, 1947 qua which application vide order dated 20.09.2012 as indicated by the averments in the present petition and in the impugned order dated 105.2017, the management was ordered by this Court under Section 17-B of the Industrial Disputes Act, 1947 to pay the claimant i.e. workman i.e. the respondent to the present petition, the minimum wages or the last drawn wages whichever were higher and the management i.e. the petitioner herein continued to make the payment in terms of the order of this Court dated 20.09.2012 in Writ Petition (C)8073/2011 but stopped making the payment of the wages to the respondent/ workman from March, 2016 onwards inasmuch as the respondent/ workman had completed the age of 55 years on 002016 which the management i.e. DTC i.e. the present petitioner claimed was the age of superannuation of a driver working with the petitioner herein, i.e., DTC in normal course.

(3.) The respondent/ workman as per the averments made in the petition and as indicated vide the impugned order, thus, filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 for computing of wages under Section 17-B of the Industrial Disputes Act, 1947 before the Labour Court, KKD Delhi vide LCA No.59/17 and the workman claimed that he had never been produced before the Medical Board by the DTC and thus was deemed to be in the service of the management till the age of 58 years and thereafter 60 years. The management/ DTC i.e. the petitioner herein before the learned Pilot Court, POLC-XVII, KKD, Delhi challenged the said claim in LCA No.59/17 and contended that the workman having attained the age of superannuation of 55 years on 02.02.2016 was not entitled to any wages under Section 17-B of the Industrial Disputes Act, 1947 from March, 2016.