Supreme Court - Daily Orders
Delhi Transport Corporation vs Bijender Singh on 6 January, 2022
Bench: Sanjiv Khanna, Bela M. Trivedi
1
ITEM NO.16 Court 15 (Video Conferencing) SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 20238-
20239/2019
(Arising out of impugned final judgment and order dated 07-01-2019
in LPA No. 485/2018 07-01-2019 in LPA No. 490/2018 passed by the
High Court Of Delhi At New Delhi)
DELHI TRANSPORT CORPORATION & ANR. Petitioner(s)
VERSUS
BIJENDER SINGH Respondent(s)
(IA No. 80399/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 06-01-2022 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s) Dr. Monika Gusain, AOR
For Respondent(s) Mr. Shanker Raju, Adv.
Mr. Aditya Ranjan, AOR
UPON hearing the counsel the Court made the following
O R D E R
Having heard the learned counsel for the parties, we are inclined to dispose of the special leave petition with the direction that the respondent would be paid Rs. 20 lakhs deposited by the petitioner along with the accrued interest in full and final settlement of his claims and rights. We pass this order and modify Signature Not Verified Digitally signed by Dr. Mukesh Nasa Date: 2022.01.08 the directions given by the Labour Court and the High Court as the 12:26:23 IST Reason:
occurrence in question relates to the year 1989, the respondent had worked for about seven years and his services were terminated in 2 1990. There is also a finding that the respondent has lost confidence of the petitioner. This apart, the counsel for the petitioner has drawn our attention to the rule position, which fortifies the reason for termination. Further, there are a number of decisions of this Court wherein instead of back wages and reinstatement, directions have been issued to pay compensation.
Accordingly, the impugned order is set aside/modified with the direction that the respondent would be entitled to and paid Rs. 20 lakhs, deposited by the petitioner along with accrued interest in full and final settlement. The aforesaid payment would include the payment towards gratuity. However, in case any amount is lying under the contributory provident fund, the same would be paid to the respondent along with the share of the petitioner within a period of ten weeks from today. No further amount would due and payable.
(BABITA PANDEY) (DIPTI KHURANA) COURT MASTER (SH) COURT MASTER (NSH)