Central Administrative Tribunal - Delhi
Balbir Singh vs Delhi Transport Corporation on 20 April, 2012
Central Administrative Tribunal Principal Bench O.A.No.658/2012 New Delhi, this the 20th day of April, 2012 Honble Shri Shailendra Pandey, Member (A) Honble Dr. K.B.Suresh, Member (J) 1. Balbir Singh, (Asstt., Fitter) B.No.7897, P.T.No.34436, Unit DTC CWS-I S/o Sh.Chandgi Ram R/o RZG-164 A/2, Nihal Vihar, Nangloi, New Delhi-110041. 2. Rajender Yadav, (Asstt.., Electrician) 3. Ved Prakash (Asstt. Electrician) 4. Om Jeevan (Asstt., Fitter) 5. Om Pal Singh (Fitter) 6. Baljit Singh (Asstt. Fitter) 7. Sukhbir Singh (Helper) 8. Dharam Bir Singh (Asstt. Fitter) 9. Dariyao Singh (Asstt. Fitter) 10. Pardeep Sharma (Asstt. Welder) 11. Ravinder Kumar (Electrician Grade-II) 12. Krishan Lal (Mechanic) 13. Dinesh Kanti (Mechinist-II) 14. Rajender Kumar (Asstt. Electrician) 15. Radhakrishnan Nair (Asstt. Body Fitter) 16. Vinod Kumar (Asstt. Fitter) 17. Basant Singh (Asstt. Fitter) 18. Krishan Gopal (A/Foreman) 19. Hira Lal (Vulcanizer) 20. Shakeel Ahmed (Asstt. Fitter) 21. Ved Parkash (Welder Gr.II) 22. Harpinder Singh (Asstt. Fitter) 23. Budh Singh (Tyreman) 24. Rakesh Malik (Asstt. Electrician) 25. Kulbir Singh (Asstt. Fitter) 26. Vijay Kumar (Asstt. Fitter) 27. Om Parkash (Asstt. Fitter) 28. Rohtash Singh (Asstt. Fitter) 29. Shabbir Ahmad (Electrician Gr.II) 30. Suraj Kiran (Electrician) 31. Bhupender Kumar (Electrician Gr-II) 32. Surinder Singh (Fitter) 33. Narinder Pal (Asstt. Fitter) 34. Virender Kumar (Fitter) 35. Ram Kishan (Fitter) 36. Raviender Jeet Singh (Fitter) 37. Rajiv Lochan Kandwal (Asstt. Fitter) 38. Avtar Singh (Asstt. Body Fitter) 39. Ram Niwas (Welder Gr.-II) 40. Manohar Lal (Asstt. Fitter) 41. Sant Ram (Asstt. Body Fitter) 42. Ishwar Singh (Welder Gr-II) 43. Krishan Kumar (Asstt. Electrician) 44. Shauraj Singh (Fitter) 45. Baljeet Singh (Asstt. Body Fitter) 46. Sukhbir Singh (Store Attendant) 47. Sat Parkash (Asstt. Fitter) 48. Azad Singh (Asstt. Fitter) 49. Jai Kishan (Asstt. Fitter) 50. Sukhbir Saini (Asstt. Black Smith) 51. Sant Ram (Asstt. Body Fitter) 52. Sat Narain (Mechanic) 53. Jagpal Singh (Fitter) 54. Jasvinder Kumar (Body Fitter) 55. Suraj Bhan (Asstt. Fitter) 56. Bal Kishan Gahlot (Fitter) 57. Azad Singh (Asstt. Fitter) 58. Raghubir Singh (Electrician) 59. Sukhbir Singh (Asstt. Fitter) 60. Ravinder Kumar (Asstt. Fitter) 61. Ram Niwas (Sweeper Cleaner) 62. Satish Kumar (Sr. Tin Smith) 63. Ranbir Singh (Asstt. Body Fitter) 64. Om Parkash (Sweeper Cleaner) 65. Rajiv Dhawan (Asstt. Electrician) 66. Rakesh Kumar Sharma 67. Om Narain (Machinist Gr-II) 68. Om Parkash (Mechanic) 69. Nawal Kishore (Asstt. Fitter) 70. Shariq Yasin (Asstt. Machinist) 71. Chander Singh (Machinist Gr-II) 72. B.K.Sarkar (Asstt. Machinist) 73. Sushil Kumar (Asstt. Machinist) 74. Jai Bhagwan (Asstt. Machinist) 75. Khajan Singh (Asstt. Machinist) 76. Ashok Kumar (Asstt. Machinist) 77. Prem Vir Singh (Asstt. Mechanist) 78. Jagdish Singh (Asstt. Mechanist) 79. Nand Kishore (Machinist Gr-II) 80. Ashok Kumar (Asstt. Machinist) 81. Pratap Singh (Machinist Gr-II) 82. Dharamvir Singh (Machinist Gr.II) 83. Ranjeet Singh (Asstt Machinist) 84. Jaspal Singh (Asstt. Machinist) 85. Surender Kumar (Machinist Gr-II) 86. Mahipal Singh (Asstt. Mechanist) 87. Kapil Deo Prasad (Mechanist Gr-II) 88. Krishan Gopal (Machinist Gr-II) 89. Malkhan Singh (Machinist Gr-II) 90. Narender Pal (Asstt. Fitter) 91. Jasbir Singh (Welder Gr-II) 92. E.J.Thomas (Fitter/Draughts Man) 93. Vijay Kumar Jadhav (Machinist Gr-II) 94. Mukesh Kumar (Asstt. Body Fitter) 95. Jai Parkash (Asstt. Body Fitter) 96. Suriender Singh (Asstt. Body Fitter) 97. Gain Chand (Asstt. Body Fitter) 98. Ved Parkash (Asstt. Body Fitter) 99. Suresh Kumar (Asstt. Body Fitter) 100. Partap Singh (Asstt. Black Smith) 101. Vijender Singh (Asstt. Body Fitter) 102. Tirath Raj (Asstt. Body Fitter) 103. Jai Parkash (Asstt. Body Fitter) 104. Surender Singh (Fitter) 105. Hare Ram (Welder Gr.II) 106. Gobind Parkash (Asstt. Welder) 107. Girish Chand (Asstt. Body Fitter) 108. Avtar Singh (Asstt. Welder) 109. Kunwar Pal Singh (Asstt. Welder) 110. Anil Kumar (Asstt. Painter) 111. Jai Singh (Tyreman) 112. Ashok Kumar (Tyreman) 113. Shakti Singh (Tyreman) 114. Rattan Singh (Tyreman) 115. Arjun Singh (Asstt. Foreman) 116. Guriender Pal Singh (Mechanic) 117. Sube Singh (Mechanic) 118. Dalip Kumar (Mechanic) 119. Rajender Kumar (Mechanic) 120. Puran Singh (Mechanic) 121. Bhagwan Singh (Fitter) 122. Rajender Kumar (Fitter) 123. Vinod Kumar (Fitter) 124. Dalel Singh (Fitter) 125. Ram Mehar (Asstt. Fitter) 126. Paramjeet Singh (Tyreman) 127. Amrik Singh (Asstt. Fitter) 128. Vijay Kumar (Asstt. Fitter) 129. Jagdish Chand (Body Fitter) 130. Harish Kumar (Asstt. Fitter) 131. Satyabir Singh (Asstt. Fitter) 132. Jagdish Chander (Asstt. Fitter) 133. Ved Parkash (Asstt. Fitter) 134. Karan Singh (Asstt. Fitter) 135. Suresh Kumar (Asstt. Fitter) 136. Daya Chand (Asstt. Fitter) 137. B.B.Sharma (Asstt. Fitter) 138. Sukh Raj Singh (Asstt. Foreman) 139. Mool Chand (Electrician Gr-II) 140. Ved Parkash (Asstt. Electrician) 141. Krishan Singh (Asstt. Electrician) 142. Rameshwar Singh (Asstt. Electrician) 143. Dharam Pal Lakra (Asstt. Electrician) 144. Baljeet Singh (Asstt. Electrician) 145. Rohtas Kumar (Asstt. Electrician) 146. Dharam Vir Singh (Asstt.Electrician) 147. Suriender Singh (Asstt. Electrician) 148. Rajender Singh (Asstt. Electrician) 149. Azad Singh (Asstt. Electrician) 150. Ved Pal (Asstt. Fitter) 151. V.K.Kataria (Fitter) 152. Manohar Lal (Electrician Gr-II) 153. Sarva Saktiman Singh (Electrician II) 154. Ramesh Chander (Asstt. Electrician) 155. Vinod Kumar (Asstt. Electrician) 156. Ramesh Kumar (Asstt. Electrician) 157. Rajender Singh (Asstt. Foreman) 158. Hari Ram (Asstt. Body Fitter) 159. Karambir Singh (Asstt. Black Smith) 160. Surender Singh (Fitter) 161. Kapil Dev (Causion Maker) 162. Ramesh Kumar (Sweeper Cleaner) 163. Virender Pal (Tyreman) 164. Ashok Kumar (Asstt. Fitter) 165. Umed Singh (Tyreman) 166. Perma Nand (Asstt. Body Fitter) 167. Syam Sunder (Electrician Gr-II) 168. Babu Lal (Asstt. Painter) 169. Daviender Kumar (Electrician Gr.-II) 170. Ganender Kumar (Tyreman) 171. Madan Lal (Tyreman) 172. Sunil Kumar (Tyreman) 173. Ram Karan (Tyreman) 174. Attar Singh (Tyreman) 175. Bal Kishan (Tyreman) 176. Satyawan (Tyreman) 177. Balwan Singh (A/Fitter) 178. Dilbagh Singh(A/Fitter) 179. Chander Pal (Painter) 180. Vijay Kumar (Electrician Gr-1) 181. Chandan Bishwas (Asstt. Electrician) 182. Dharampal Singh (Tyreman) 183. Tej Singh (Tyreman) 184. Hari Prakash (Electrician Gr.II) 185. Suresh Kumar (Faitter) 186. Naresh Kumar Tyagi (Asstt. Electrician) 187. Ran Jeet Singh (Body Fitter) 188. Yes Pal (Helper) 189. Roop Lal (Causion Maker) 190. Inder Singh (Asstt. Foreman) 191. Sukhbir Singh (Asstt. Body Fitter) 192. Padam Bahadur (Tyreman) 193. Gian Singh (Asstt. Body Fitter) 194. Dal Bir Singh (Tyreman) 195. Rajender Kumar (Tyreman) 196. Ramesh (Tyreman) 197. Sat Narain (Tyreman) 198. Jitinder Parshad Singh (Asstt. Fitter) 199. Har Bhajan Singh (Asstt. Elect.) 200. Suresh Chand (Helper) 201. Thomas P.V. (Asstt. Electrician) 202. Naresh Pal Singh (Painter) 203. Harpal Singh (Asstt. Fitter) 204. Ved Pal Tygai (Asstt. Fitter) 205. Sushil Kumar (Asstt. Body Fitter) 206. Mathai M.V. (Asstt. Fitter) 207. Hari Om Saraswat (Asstt. Fitter) 208. Bharat Singh (Fitter) 209. Puran Lal Sharma (Asstt. Fitter) 210. Ram Singh (Fitter) 211. Pardeep Kumar (Asstt. Body Fitter) 212. Rakesh Kumar Buttan (Asstt. Fitter) 213. Mam Chand (Fitter) 214. Hans Raj (Asstt. Fitter) 215. Hardev Singh (Mechanic) 216. Narender Singh (Asstt. Fitter) 217. Vinod Kumar (Asstt. Body Fitter) 218. Kewal Krishan (Asstt. Body Fitter) 219. Virender Kumar (Asstt. Fitter) 220. Paras Nath (Electrician) 221. Jai Parkash (Asstt. Electrician) 222. Ram Pal Sharma (Asstt. Electrician) 223. Raj Pal Singh (Fitter) 224. Ram Dutt Ram (Asstt. Fitter) 225. Shashi Kant (Electrician Gr-II) 226. Jagbir Singh (Mechanic) 227. Mahesh Chand (A/Fitter) 228. Jai Parkash (Body Fitter) 229. Satya Parkash (Tim Smith) 230. Madan Gopal Sharma (Asstt. Body Fitter) 231. Virender Kumar (Black Smith) 232. Satya Kiran Giri (Asstt. Black Smith) 233. Mool Chand (Mechanic) 234. Jai Pal Singh (A/B/smith) 235. Daviender Kumar (Asstt. Body Fitter) 236. Mahavir Singh (Asstt. Fitter) 237. Raj Pal Singh (Body Fitter) 238. Jai Singh Chauhan (Welder Gr-II) 239. Daviender Singh (Vulcanizer) 240. Govind (Tyreman) 241. Tara Chand (A/Fitter) 242. Ajay Kumar Sharma (Asstt. Electrician) 243. Harswroop (Asstt. Fitter) 244. Rohan Singh (Body Fitter) 245. Kaptan Singh (Machine Operator) 246. Sultan Singh (Machine Operator) 247. Zile Singh (Machine Operator) 248. Hari Mohan (Machine Operator) 249. Take Ram (Mech) 250. Ram Singh (Tyreman) 251. Jagdish Rai (Body Fitter) 252. Attar Singh (Machine Operator) 253. Ashwini Kumar Kalia (Asstt. Fitter) 254. Jaswant Singh (Asstt. Body Fitter) 255. Prem Chand (Bench Fitter) 256. Ashok Kumar (Asstt. Painter) 257. Gurdayal (Asstt. Body Fitter) 258. Suresh Kumar, Asstt. Body Fityter) 259. Krishan Kumar (Tyreman) 260. Shiv Kumar (A/Fitter) 261. Chander Bhan (A/Painter) 262. Sat Narain (Fitter) 263. Ram Parkash (Fitter) 264. Sunder Lal (Fitter) 265. Duli Chand (Fitter) 266. Brijender Kumar Pathak (Machinic) 267. Gyanvir Singh (A/Body/Fitter) 268. Jai Narain (Fitter) 269. Raj Kumar Sharma (Asstt. Welder) 270. Ved Parkash (Sweeper Cleaner) 271. Kaptan Singh (Asstt. Fitter) 272. Dharam Vir Singh (Asstt. Fitter) 273. Harish Kumar (Fitter) 274. Om Kishan (Mech) 275. Surender Kumar (Asstt. Body Fitter) 276. Hira Lal (Tyreman) 277. Ved Parkash (Fitter) 278. Ashok Kumar (Asstt. Fitter) 279. Suresh Kumar (Asstt. Fitter) 280. Mohiender Singh (Asstt. Fitter) 281. Narender Singh (Fitter) 282. Jai Singh (Asstt. Fitter) 283. Kali Ram (Sweeper Cleaner) 284. Ramesh Kumar (Asstt./Fitter) 285. Ramesh Chander (Fitter) 286. Sat Pal Singh (Asstt. Body/Fitter) 287. Ajit Singh (Black Smith) 288. Suraj Bhan (Mechanic) 289. Samer Singh (Asstt./Fitter) 290. Rajbir Singh (Sweeper Cleaner) 291. Ramesh Chander (Asstt./Fitter) 292. Tek Ram (Mechanic) 293. Rajesh Kumar (Binder) 294. Sukhbir Singh (Binder) 295. Mahiender (Asstt. Body Fitter) 296. Sekhar Chand (Sweeper Cleaner) 297. Ram Kuwar (Asstt.) 298. Nawal Kishore (Asstt. Body Fitter) 299. Ram Swaroop (Sweeper Cleaner) 300. Krishan Lal (Store Attendant) 301. Narvir Singh (Tin Smith) 302. Naveen Kumar (Asstt. Painter) 303. Subash Chander (Asstt. Welder) 304. Sat Pal Verma (Painter) 305. Ram Niwas (Cushan Maker) 306. Ramesh Kumar (Helper) 307. Rohtash Chand (Sweeper Cleaner) 308. Vimal Kumar (Asstt. Body Fitter) 309. Ram Singh (Sweeper Cleaner) 310. Gaineshwar (Sweeper Cleaner) 311. Durga Prasad (Sweeper Cleaner) 312. Rajender Singh (Sweeper Cleaner) 313. Dharambir Singh (Asstt. Electrician) 314. Naranjan Kumar Vats (Mechanic) 315. Jai Pal (Asstt. Fitter) 316. Vijender Singh (Asstt. Fitter) 317. Jasvinder Singh (Asstt. Fitter) 318. Ved Parkash (Sweeper Cleaner) 319. Vijay Masih (Asstt. Fitter) 320. Summer Singh (Asstt. Electrician) 321. Manjeet (Welder Gr.II) 322. Suresh Chand Sharma (Asstt. Fitter) Particulars of the applicants are as mentioned in the memo. of parties of the OA Applicants (By Advocate: Sh. Vijay Sharma) Versus Delhi Transport Corporation Through its Chairman-cum-Managing Director DTC H.Qtrs., I.P.Estate New Delhi 110 002. Govt. of NCT of Delhi Through its Transport Commissioner 5/9 Under Hill Road Delhi 110 054. Govt. of NCT of Delhi Through its Chief Secretary Delhi Secretariat Delhi 110 002. Govt. of NCT of Delhi Through its Chief Inspector of Factories Office of the Labour Commissioner 5, Sham Nath Marg, Delhi 110 054. Union of India Through its Secretary Ministry of Surface Transport Transport Bhawan Parliament Street New Delhi 110 001. Respondents [Order reserved on 29.02.2012] O R D E R By Shailendra Pandey, Member (A):
This application is directed against the order of the respondents dated 03.03.2011 (Annexure A1), in terms of which the respondents have denied the entitlement of the benefits of Leave Encashment as per the OMs of 1980 and 2006 issued by DoPT, Government of India, having been passed in compliance with the directions issued by this Tribunal on 10.05.2010 in TA No.703/2009.
2. The brief facts of the case, as set out in the OA, are that the applicants are working as workshop staff in Delhi Transport Corporation (DTC) and are governed by the provisions of the Delhi Road Transport Act, 1971. It is stated that prior to this, they were governed by the DTA Act, 1950, and that the DTC had opted to be governed by Chapter VIII [particularly Sections 78 and 79, which pertain to earned leave] of the Factory Act, 1948. It is further stated that the Delhi Transport Corporation (Respondent No.1) is an autonomous body and is being provided financial help from the Central Government and that to some extent the Central Government oversees, the functioning of the DTC and as such the orders passed by the Central Government are applicable to the DTC.
3. The Department of Personnel & Training had issued an O.M. on 27.12.1980 pertaining to the leave entitlement of Industrial Employees in Central Government Departments other than Railways, who are governed by the Factories Act, 1948, and in terms of this order such employees were entitled to get 17 days earned leave, if they had put in 1-10 years continuous service, 22 days earned leave, if they had put in above 10 years but not more than 20 years, and 27 days earned leave, if they had put in more than 20 years continuous service.
4. It is also stated that discrimination between industrial employees and non-industrial ones in the matter of leave, etc. had been done away with vide Ministry of Home Affairs letter dated 22.07.1981, which was reiterated on 10.07.1985. Further, on the basis of recommendations of the 5th CPC, vide O.M. dated 07.11.2006, accumulation and encashment of earned leave to the extent of 300 days was allowed.
4.1. It is also stated that the above OMs are applicable to the respondents-Corporation (DTC) and, therefore, the denial of the benefits therein to the applicants is not in order.
5. The applicants agitated their grievance in TA 703/2009. The said TA was allowed vide its order dated 10.05.2010 with the following directions:
7. Resultantly, TA is allowed to the extent that the claim of the applicants for leave encashment now shall be reconsidered in the light of the Regulations and O.M. of 1980 as well as the O.M. of 2006 and a final decision shall be taken by a speaking order to be passed within three months from the date of receipt of a copy of the order. It goes without saying that on such entitlement, the arrears shall be paid to the applicants immediately. No costs.
6. Accordingly, the respondents have reconsidered the matter and have passed the order dated 3.3.2011 rejecting the claim of the applicants, therefore, the present OA has been filed seeking the following releifs:
The order dated 03.03.2011 and 13.04.2011 be set aside.
The respondents be directed to implement OM of 27.12.1980 (Annexure A/3), OM dated 22.07.1980 (Annexure A/4), OM dated 20.07.1998 and OM dated 7.11.2006 (Annexure A/7 and A/8).
The respondents be directed to calculate the earned leave of each of the applicant and the benefit of the same may be directed to be given to the applicants with the arrears from the date of respective OM.
7. In support of the aforesaid relief(s), the applicants have raised the following grounds in the present OA:
that the DTC (Respondent No.1) has clearly failed to appreciate the order passed by this Tribunal and apply the same in its letter and spirit.
That Respondent No.1, while disposing of the directions of the Tribunal, has failed to understand that the TA of the applicants was partially allowed by holding that the DTC being an autonomous State within the meaning of Article 12 of Constitution of India, once the OM of 1980 is applied to DTC the benefits regarding leave encashment to the applicant working in the workshop cannot be denied.
That Respondent No.1 has further failed to appreciate that this Tribunal had further decided and held that though the DTC on every occasion applied Government orders for covering the service conditions of its employees but in this case the aforesaid had not been adhered to and this does not pass the test of Article 14 of the Constitution of India.
That Respondent No.1 while deciding the claim of the applicants vide order dated 03.03.2011 and 13.04.2011 had gone into the primary and basic issue of applicability of OM, which was not permissible in terms of the Tribunals order. Once the Tribunal had observed that the OMs are applicable to DTC, the Respondent No.1 had a very limited scope of consideration, viz., as to what would be the number of earned leave admissible, and certainly not whether the OMs are applicable to DTC or not.
8. We have heard the counsel for the applicants and have been through the pleadings on record.
9. Regulation 14(6) of the DRTA (Condition of Appointment & Service) Rules, 1952 prescribes as under:
14. Holidays and Leave:- (1) for the purpose of this clause the Delhi Road Transport Authority employees are broadly classified under the following groups:-
Group I - Workshop staff (Excluding daily rated staff) skilled, semi-skilled and un-skilled labour excluding clerical and supervisory but including the clerical and stores staff attached to the workshops.
Group II - Operational staff excluding daily rated staff.
Group III - Staff not falling under Group I & II.
. . .. . .
(6) Earned Leave:- (a) Fifteen days earned leave in a year shall be admissible to all categories of staff (other than clerical and supervisory and these governed by the Factories Act, 1948 provided that an employee will cease to earn such leave when the earned leave due amounts to sixty days.
(b) Clerical and Supervisory staff will be entitled to earned leave equal to 1/11th of the period of duty and will cease to earn such leave when the earned leave due amount to 120 days.
(c) Those governed by the Factories Act, 1948 will be given leave with wages in accordance with the provisions of Chapter VIII of that Act, a amended from time to time.
(d) Leave admissible for service for a part of a year will be calculated pro-rata.
(e) The grant of earned leave will be at the discretion of the General Manager or the officer who may be delegated powers in this behalf by the General Manager and subject to the exigencies of the service.
(f) No earned leave will be admissible during for the period of probtation.
10. It is settled law that it is open to the State to lay down conditions of service and such criteria in service matters which it deems appropriate and it is not desirable for the Court to strike down such Rules except on the ground that these are arbitrary or result in inequality of opportunity amongst employees belonging to the same class, which would offend Article 14 or 16 of the Constitution [See: Dhan Singh v. State of Haryana (1991) 2 Supp SCC 190 Paragraph 10].
11. The said impugned order of the respondents dated 03.03.2011 submits that the benefits in terms of Section 79 of the Factories Act, 1948 are being extended to the applicants. The benefits in terms of workshop staff of the respondents-Corporation are also stated to be in receipt of the benefits under the DRTA (Delhi Road Transport Authority) Act, 1950. It is further sated that as per the DRTA (Conditions of Appointment and Service) Regulations, 1952, Clause 14 (6) (c) is applicable in case of employees working in DTC and which clearly stipulate that the provisions of Chapter VIII of the Act as amended from time to time shall be applicable.
12. The CP No.922/2010 in the said TA was also disposed of vide its order dated 21.03.2011 having reconsidered the case of the applicants in the light of DRTA (Condition of Appointment and Service) Regulations, 1952 and the OM of 1980 as well as OM of 2006 along with the relevant provisions of the Factories Act, 1948.
13. As regards the OM of 1980 as well as the OM of 2006 issued by the Department of Personnel & Training, Government of India, it is stated that these are not applicable to the respondents-Corporation for the reason that these OMs have been issued by the Government of India, Ministry of Home Affairs, Department of Personnel & Training, and are applicable only to the Ministries and the employees working under the Government of India and that the respondents-Corporation is not bound to follow directions issued through various OMs by the Central Government. These OMs have not been adopted by the respondents-Corporation, in exercise of its legislative power under the Act by which it is constituted.
14. The applicants have challenged the character and legality of the orders of the respondents dated 3.3.2011 and 13.04.2011 and sought for a direction to the respondents to implement the OMs of 27.12.1980, 22.07.1980, 20.07.1998 and OM dated 07.11.2006 [as mentioned in the relief clause].
15. The applicants have, however, not been able to point out any infirmity in the impugned order so as to show that, the reasoning given by the respondents in support of their decision in the impugned order is not in accordance with law on the subject.
16. During the arguments, the learned counsel for the applicants vehemently argued that the order is defective because there is no application of mind and that the directions of this Tribunal in order dated 10.05.2010 regarding deciding the case in terms of the OMs of 1980 and 2006 have not been followed.
17. The applicants counsel strongly relied upon the observations made by this Tribunal in its order dated 10.05.2010 in TA No.703 of 2009. Having given careful consideration, we find that these observations are in a passing reference and do not constitute the ratio decidendi of the case. It is relevant to note in this regard that the Tribunal merely directed the respondents to reconsider the matter in the light of the Regulations and OM of 1980 as well as OM of 2006 and take a final decision by a speaking order within the stipulated period. What decision is to be taken by the respondents in the facts and circumstances of the case is left to be decided by the respondents themselves. Had it been otherwise, it should have been open to the Tribunal to expressly say so by giving a definite finding coupled with necessary directions for implementing the said OMs.
Further more, the OMs issued by Ministry of Home/Department of Personnel and Training in respect of Central Government employees are not applicable on their own to autonomous bodies such as DTC. These have to be specifically adopted by DTC so far. These can be made applicable to its employees. The applicants have not shown that these OMs have either been adopted by DTC or are otherwise applicable to it. They have failed to discharge their onus in this regard. A reference in this regard has been made to para 5 of the Order dated 10.05.2010 in TA No.703/2009 wherein it has interalia been observed that once the OM of 1980 is applied to DTC, the benefit regarding leave encashment to applicants working in workshop cannot be denied. There cannot be any dispute with this observation. But the question is; `had this OM been applied to DTC? The respondents claim is that it has not been applied to DTC. It is now for the applicants to prove that the OM has been applied to DTC. They have not adduced in support of their claim that the OM has been applied to DTC. In the grounds taken in the application, particularly in clause (p) the applicants have stated that the Respondent No.1 has failed to show as to why the OMs dated 27.12.1980 and 7.11.2006 are not applicable to the DTC and it has further failed to show as to when and how many OM has not been implemented. The applicants cannot have their case by default. It is for them to prove that the OMs in question are applicable to the DTC and they cannot pass this onus to the respondents. Further more, the applicants contention that the DTC cannot have two sets of regulation for its employees is misconceived and factually incorrect for the comparison with the Central Government employees on the one hand and the DTC employees on the other. As a matter of fact, none of the employees of the DTC has been extended the benefits which are being claimed by the applicants herein.
In view of the above discussion, in our considered opinion, the applicants have not been able to make out a prima-facie case for the grant of relief(s) prayed for in the OA. Accordingly, finding no merit in the case, the OA is dismissed at the admission stage itself. No costs.
(Dr. K.B.Suresh) (Shailendra Pandey) Member (J) Member (A) /nsnrsp/