DELHI HIGH COURT
SUNITA GUPTA
Delhi Transport Corporation – Appellant
Versus
Jagdish Prasad – Respondent
JUDGMENT
Sunita Gupta, J.
CM No.8004/2016
1. Vide this application, the applicant/respondent - workman seeks clarification of the order dated 23.12.2015 inter alia on the ground that the petitioner corporation filed this writ petition challenging the award dated 30.04.2013 passed in DID No.475/2009 by the Presiding Officer Labour Court, Karkardooma Courts, Delhi whereby the respondent - workman was granted the relief of back-wages with effect from the date of termination of service i.e. 06.12.2006 till the date of his superannuation alongwith continuity of service and consequential benefits. The writ petition was disposed of by this Court vide judgment and order dated 23.12.2015 whereby the findings of the Labour Court regarding holding the termination of the respondent - workman illegal was upheld. However, the award was modified by granting lumpsum compensation of Rs.5 lacs to the applicant - workman instead of full back-wages. The applicant - workman approached the officials of the petitioner corporation for repayment of awarded compensation as well as pension and other post-retirement benefits. The respondent/applicant was advised to fill up the relevant form for processing t
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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