JUDGMENT

Rajiv Sahai Endlaw, J. - Cm No.50412/2019 (for condonation of 64 days delay in filing appeal)

1. For the reasons stated in the application, the delay of 64 days in filing the appeal is condoned.

2. The application stands disposed of.

LPA No.731/2019

3. The appeal impugns the common judgment dated 13th August, 2019 in W.P.(C) 5070/2013 preferred by the appellant and in W.P.(C) 2059/2014 preferred by the respondent Delhi Transport Corporation (DTC), both with respect to the Award dated 13th March, 2013 of the Central Government Industrial Tribunal (CGIT).

4. The appeal came up first before this Court on 22nd November, 2019 and vide subsequent order dated 4th December, 2019, notice thereof was ordered to be issued. The counsels were heard on 8th February, 2021 and have been further heard today.

5. The undisputed facts are, (i) the appellant was in the employment of the respondent DTC, as a Driver, since the year 1974; (ii) in February, 1982, the appellant absented from duty and the respondent DTC, deemed the appellant to have resigned, under Regulation 14(10)(c) of the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952; (iii) the appellant app