Delhi Transport Coporation v. Vinod Kumar

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 735/2018 DELHI TRANSPORT CORPORATION ..... Appellant Through:

Mr.Aldanish Rein with Ms.Maheravish Rein, Advocates.

versus VINOD KUMAR ..... Respondent Through:

None.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 21.12.2018 C.M.APPL. No.54615/2018 (Delay)

1. For the reasons stated in the application, the delay in filing the LPA is condoned. The application is disposed of.

LPA 735/2018 & C.M.APPL. No.54614/2018

2. The short question raised by the Appellant in the present appeal which is directed against the impugned order dated 18th September 2018 passed by the learned Single Judge is whether the back wages awarded to the Respondent, which were reduced to 50%, should be calculated for the period beyond the date of the Award up till the date of reinstatement.

3. According to the Appellant, although the Award is dated 11th May 2004, since the Respondent was reinstated only on 21st April 2010 he would be LPA 735/2018 Page 1 of 2

entitled only to 50% of backwages even for the beyond the Award up to his reinstatement.

4. The learned Single Judge has disagreed with the above contention and pointed out that the 50% of back wages as awarded by the Tribunal "cannot relate to any period after the passing of the award."

5. Having heard the learned counsel for the Appellant and having perused the impugned order of the learned Single Judge, this Court finds no ground to differ from the view taken by the learned Single Judge.

6. The appeal is dismissed. The pending application is disposed of. S. MURALIDHAR, J.

SANJEEV NARULA, J.

DECEMBER 21, 2018 tr LPA 735/2018 Page 2 of 2