New Delhi: The Delhi High Court has pulled
up Delhi Transport Corporation for taking a "plea contrary to
facts and record" in a case relating to an employee who was
prematurely retired as driver and directed it to pay back
wages of seven years to him.
The Court took a strong note of the fact that DTC, which
had been directed earlier in several other cases to
accommodate its unfit employees, suppressed the judicial
orders from it.
"Such a litigant (DTC) is expected to be fair and to
place all the relevant material in its knowledge before the
Court to enable it to come to a right conclusion considering
that such a large undertaking is contesting against its
workman who cannot be expected to know all the facts or to
have all the information within his command.
"The fault lies with the Delhi Transport Corporation not
only in not bringing the same to the notice of the Court but
also contending otherwise," Justice Rajiv Sahay Endlaw said.
The order has come on the plea of DTC which approached
the High Court challenging the verdict of a labour court
directing it to accommodate Suraj Bhan from the date on which
he was retired prematurely with protection of earlier salary
Suraj, on being prematurely retired in 1991 from the post
of driver as he was found to be unfit, had approached the
labour court which held his retirement "illegal" and said "the
DTC must adjust him in a post in which he is suitable and the
last drawn pay has to be protected."
The labour court, which had passed the award in 2002,
also directed DTC to pay back wages to Suraj for the period of
1991 to 1997.
However, DTC challenged the order before the High
Court saying Suraj was not entitled to back wages on account
of delay in raising the dispute.
Trashing DTC`s contention, Justice Endlaw said its
conduct was "wanting" and "not becoming" of a public
In the meantime, Suraj was accommodated in 2005 after
the post of peon for which he had applied after his premature
retirement, fell vacant.