Delhi Transport Corporation vs S.P. Sagar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Delhi Transport Corporation – Appellant
Versus
S.P. Sagar – Respondent

Table of Content
1. background leading to dismissal (Para 2)
2. labour court's ruling on illegality (Para 3)
3. arguments regarding back wages (Para 4 , 5)
4. court's observations and legal reasoning (Para 6)
5. decision on appeal regarding back wages (Para 7)
6. conclusion and order of payment (Para 8 , 9 , 10)

JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Rajiv Shakdher, J. (Oral)--The present appeal has been preferred against the judgment dated 19.02.2020, passed by the learned single judge in W.P.(C) No.374/2010.

1.1. Via the impugned judgment, the learned single judge has modified the award dated 05.09.2008, passed by the Labour Court in ID No. 564/2006 (Old No. 249/1995), to the extent that the rate at which back wages were directed to be paid, via the said award, has been enhanced i.e., from 40 per cent to 50 per cent.

1.2. Being aggrieved by the judgment of the learned single judge dated 19.02.2020, the appellant i.e., Delhi Transport Corporation [in short "DTC"] has preferred the instant appeal.

2. The instant appeal has been filed in the background of the following broad facts:

2.1. The respondent was appointed as a Conductor with DTC, with effect from 18.01.1

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DELHI HIGH COURTRAJIV SHAKDHER, TALWANT SINGHDelhi Transport Corporation – AppellantVersusS.P. Sagar – Respondent

DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Delhi Transport Corporation – Appellant
Versus
S.P. Sagar – Respondent