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J.K.Synthetics Ltd. Ã Appellant vs K.P.Agrawal & Anr. Ã Respondents on 1 February, 2007

5.4. The decisions in J.K. Synthetics (supra) and Deepali Gundu (supra) were considered in two Division Bench decisions of the Hon‟ble High Court of Delhi in Mahabir Prasad v. DTC, (2014) 144 DRJ 422 and Jagdish Chander v. DTC, 2020 LLR 754, wherein in the facts of the said case (Mahabir Prasad v. DTC 10 Item -99 Court V OANo.2379/2022 case) reinstatement was directed by the Labour Commissioner, with continuity of service but without back wages. Thereafter, DTC reinstated the workman without any back wages and without any benefits on notional pay fixation, promotion, ACP, increments and withheld pension and terminal benefits also. Challenging this, the Workman claimed that since "continuity of service" was directed, he would be entitled to pension and other terminal benefits. In this case, the Division Bench of the Hon‟ble High Court observes as under:
Supreme Court of India Cites 27 - Cited by 579 - Full Document

Deepali Gundu Surwase vs Kranti Junior Adhyapak & Ors on 12 August, 2013

30. The CAT erred in referring to the decision of the Supreme Court in S. Narsagoud (supra) which has been squarely dealt with and rejected by a subsequent decision of the Supreme Court in Deepali Gundu Surwase (supra). In fact, the CAT failed to take notice of the aforesaid judgments in spite of the Petitioner raising this specific point in his RA No. 39/2016.
Supreme Court of India Cites 47 - Cited by 1432 - G S Singhvi - Full Document

Om Prakash And Anr. vs Delhi Jal Board on 7 October, 2015

(x) Promotion 5.7 In Om Prakash & Ors. v. Delhi Jal Board, 2015 XAD (Delhi) 448, the Hon‟ble Delhi High Court while considering a case where reinstatement was directed with immediate effect and whether in such a case regularization ought to be given to the workman held that „continuity of service‟ ought to be read into the relief of reinstatement and directed regularization in accordance with the policy of the Management held as under:-
Delhi High Court Cites 6 - Cited by 0 - S Gupta - Full Document

Mahabir Singh vs Delhi Transport Corporation (Dtc) on 9 March, 2022

29. The CAT, in the impugned order, erred in denying the Petitioner the benefit of continuity in service upon reinstatement and in applying the law as explained in Mahabir Prasad (supra) that while this would not entitle him to promotions, the Petitioner would upon reinstatement be entitled to the increments on the pay scale he was drawing at the time of termination of his services and further that for the purpose of gratuity and pension he would be treated as having been in service throughout.
Central Administrative Tribunal - Delhi Cites 3 - Cited by 1 - Full Document
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