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: