S. Muralidhar, J.

C.M Nos. 7517/2008 & 7519(exemption) in LPA No. 254/2008

Exemptions allowed subject to all just exceptions.

The applications stand disposed of.

CM No. 7518/2008 (delay) in LPA No. 254/2008

For the reasons stated in the application, the delay in filing the appeal is condoned.

The application stands disposed of.

CM No. 7520/2008 (delay) in LPA No. 254/2008

For the reasons stated in the application, the delay in refiling the appeal is condoned.

The application stands disposed of.

C.M Nos. 7532/2008 & 7534(exemption) in LPA No. 257/2008

Exemptions allowed subject to all just exceptions.

The applications stand disposed of.

CM No. 7533/2008 (delay) in LPA No. 257/2008

For the reasons stated in the application, the delay in filing the appeal is condoned.

The application stands disposed of.

CM No. 7535/2008 (delay) in LPA No. 257/2008

For the reasons stated in the application, the delay in refiling the appeal is condoned.

The application stands disposed of.

LPA No. 254/2008, CM No. 7516/2008 (stay) & LPA No. 257/2008, CM No. 7531/08 (stay)

1. LPA No. 254/2008 is directed against an order dated 17th August 2007 passed by the learned Single Judge allowing CM No. 13469 of 2005 in Writ Petition (C) No. 5812 of 2003 and directing payment to the Respondent workman under Section 17-B of the Industrial Disputes Act, 1947 (ID Act) the last drawn wages or minimum wages, whichever is higher, from the date of the order of the Tribunal.

2. LPA No. 257/2008 is directed against an order dated 29th October 2007 passed by the learned Single Judge allowing the application in Writ Petition (C) No. 2314 of 2003 and directing payment to the Respondent workman under Section 17-B ID Act of the last drawn wages or minimum wages whichever is higher from 18th July 2001, the date on which the Industrial Tribunal (Tribunal) refused to permission to the Appellant, Delhi Transport Corporation (DTC) to terminate the services of the Respondent workman.

3. Since the Appellant has urged the contentions common to both the cases, the appeals are being disposed of this common judgment.

.4. The Respondent in LPA No. 254 of 2008 Ek Ilakh Hussain was working as a Conductor with the DTC. Pursuant to a surprise check, he was charged with non-issuance of tickets to passengers. A departmental enquiry was initiated against him resulting in a report dated 25th July 1992 which found him guilty. Thereafter by an order dated 14th August 1992 he was removed from service. An application was thereafter filed by the DTC before the Tribunal seeking approval of the termination of services. This application was dismissed by the Tribunal by an order dated 7th September 2001. The said order dated 7th September 2001 was challenged by the DTC in this Court in Writ Petition (C) No. 5812 of 2003. The said petition is stated to be pending. During the pendency of the writ petition the Respondent filed an application CM No. 13469 of 2005 under Section 17B ID Act stating that at the time of termination of his services, the Respondent was drawing Rs. 2242/- per month and that he remained unemployed since that date. In the reply filed by the DTC it was not indicated whether the Respondent was in fact employed during this period.

5. The respondent in LPA No. 257 of 2008, Rampal Singh, was working as a conductor with the DTC. Disciplinary proceedings were initiated against him on the allegation that he had issued tickets of a lesser denomination to five passengers after having collected the full fare from them. Consequent upon the report of the Enquiry Officer, the DTC by an order dated 16th March 1990 removed him from service. The application filed by the DTC before the Tribunal seeking approval of the termination was dismissed by an order dated 18th July 2001. The said order was challenged by the DTC in this Court in Writ Petition (C) No. 2314 of 2003 which is stated to be pending. The Respondent filed an application under Section 17-B ID Act on 17th April 2007 enclosi