HC pulls up DTC, directs it to pay back wages to employee
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Last Updated: Wednesday, February 24, 2010, 18:59
  
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 benefits.

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 undertaking.

In the meantime, Suraj was accommodated in 2005 after the post of peon for which he had applied after his premature retirement, fell vacant.

PTI


First Published: Wednesday, February 24, 2010, 18:59


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