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2006 Supreme(Del) 1774

SHIV NARAYAN DHINGRA
OM PRAKASH – Appellant
Versus
DELHI TRANSPORT CORPORATION – Respondent


Advocates Appeared:
Deepak Sinha, Preet Pal Singh, SANJEEV SACHDEVA

( 1 ) BY this writ petition the petitioner has challenged the Award dated 3/12/2003 passed by the Labour Court No. VII whereby the Labour Court answered the reference against the petitioner.

( 2 ) BRIEFLY the facts relevant for the purpose of deciding this writ petition are that petitioner was working as a Driver with the Delhi Transport corporation (DTC ). He was medically examined in May 1993. By an inadvertent mistake a letter dated 19/5/1993 was issued to him prematurely retiring him on the ground that he is medically unfit as a Driver. However, this mistake was soon discovered by the respondent and respondent corrected its mistake and recalled the order dated 19/5/1993 and passed another order dated 31/5/1993 asking petitioner that he continues to be in service should and join the duty immediately. The period from 19/5/1993 to 31/5/1993 for which he had not worked was directed to be treated as leave. Petitioner alleged that after 31/5/1993 he was not allowed to join the duties and raised an industrial dispute which was referred for adjudication in the following terms of reference:"whether the services of Shri Om Prakash have been terminated illegally and/or unjustifiably by t







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