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DELHI TRANSPORT CORPORATION v. MAHENDER PAL

Supreme Court of India | Diary 10057/2019

Status

ROP - of Main Case

Decided On

14-01-2020

Bench

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL and HON'BLE MR. JUSTICE K.M. JOSEPH

Petitioner

DELHI TRANSPORT CORPORATION

Respondent

MAHENDER PAL

Primary Holding

In employment disputes involving reinstatement, courts may, in exercise of discretionary jurisdiction, limit backwages to 50 per cent rather than award full backwages where the facts and circumstances so warrant.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.297/2020 [@ SLP [C] NO.1107/2020] [@ DIARY NO.10057/2019] DELHI TRANSPORT CORPORATION Appellant(s) VERSUS MAHENDER PAL Respondent(s) O R D E R Delay condoned. Leave granted. On hearing learned counsel for the parties, we are inclined only to interfere with the impugned order limited to the respondent being entitled to 50 per cent of the backwages with reinstatement instead of full backwages and waiver of costs in the given facts and circumstances of the case. The appeal is disposed of. Pending applications stand disposed of. ……………………………………....J. [SANJAY KISHAN KAUL] ………………………………….....J. [K.M. JOSEPH] NEW DELHI; JANUARY 14, 2020.

2 ITEM NO.20 COURT NO.12 SECTION XIV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION [C] DIARY NO.10057/2019 (Arising out of impugned final judgment and order dated 05-12-2018 in LPA No.533/2017 passed by the High Court of Delhi at New Delhi) DELHI TRANSPORT CORPORATION Appellant(s) VERSUS MAHENDER PAL Respondent(s) IA No.53265/2019-CONDONATION OF DELAY IN FILING and IA No.53266/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 53265/2019 - CONDONATION OF DELAY IN FILING IA No. 53266/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 14-01-2020 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Appellant(s) Ms. Asha Gopalan Nair, AOR Ms. Nivedita Nair, Adv. For Respondent(s) Mr. Ravindra S. Garia, AOR Mr. Shashank Singh, Adv. UPON hearing the counsel the Court made the following O R D E R Delay condoned. Leave granted. The appeal is disposed of in terms of the signed order. Pending applications stand disposed of. (ASHA SUNDRIYAL) (ANITA RANI AHUJA) COURT MASTER COURT MASTER [Signed order is placed on the file]

ITEM NO.14 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10057/2019 (Arising out of impugned final judgment and order dated 05-12-2018 in LPA No. 533/2017 passed by the High Court Of Delhi At New Delhi) DELHI TRANSPORT CORPORATION Petitioner(s) VERSUS MAHENDER PAL Respondent(s) (IA No.53265/2019-CONDONATION OF DELAY IN FILING and IA No.53266/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 22-10-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Ms. Gargi Khanna, Adv. Ms. Asha Gopalan Nair, AOR For Respondent(s) Mr. Ravindra S. Garia, AOR Mr. Shashank Singh, Adv. UPON hearing the counsel the Court made the following O R D E R A request has been made on behalf of learned counsel for the petitioner, who is stated to be in personal difficulty. List on 10.12.2019. [ CHARANJEET KAUR ] [ ANITA RANI AHUJA ] A.R.-CUM-P.S. COURT MASTER

ITEM NO.47 COURT NO.9 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10057/2019 (Arising out of impugned final judgment and order dated 05-12-2018 in LPA No. 533/2017 passed by the High Court Of Delhi At New Delhi) DELHI TRANSPORT CORPORATION Petitioner(s) VERSUS MAHENDER PAL Respondent(s) (IA No.53265/2019-CONDONATION OF DELAY IN FILING and IA No.53266/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT Date : 02-09-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Ms. Asha Gopalan Nair, AOR Ms. Nivedita Nair, Adv. For Respondent(s) Mr. Ravindra S. Garia, AOR Mr. Shashank Singh, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner is permitted to file rejoinder by tomorrow. List for final disposal on 22.10.2019. (ASHA SUNDRIYAL) (ANITA RANI AHUJA) COURT MASTER COURT MASTER

ITEM NO.56 COURT NO.11 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No.10057/2019 (Arising out of impugned final judgment and order dated 05-12-2018 in LPA No.533/2017 passed by the High Court of Delhi at New Delhi) DELHI TRANSPORT CORPORATION Petitioner(s) VERSUS MAHENDER PAL Respondent(s) (IA No.53265/2019-CONDONATION OF DELAY IN FILING and IA No.53266/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 09-08-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Ms. Asha Gopalan Nair, AOR For Respondent(s) Mr. Ravindra S. Garia, AOR UPON hearing the counsel the Court made the following O R D E R Perused the letter circulated by learned counsel for the petitioner. List the matters after three weeks’ to enable the learned counsel to file rejoinder affidavit. (POOJA ARORA) (ANITA RANI AHUJA) COURT MASTER COURT MASTER

ITEM NO.50 COURT NO.13 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10057/2019 (Arising out of impugned final judgment and order dated 05-12-2018 in LPA No. 533/2017 passed by the High Court Of Delhi At New Delhi) DELHI TRANSPORT CORPORATION Petitioner(s) VERSUS MAHENDER PAL Respondent(s) (IA No.53265/2019-CONDONATION OF DELAY IN FILING and IA No.53266/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 53265/2019 - CONDONATION OF DELAY IN FILING IA No. 53266/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 08-07-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Ms. Asha Gopalan Nair, AOR Ms. Nivedita Nair, Adv. Mr. Shadman Ali, Adv. For Respondent(s) Mr. Ravindra S. Garia, AOR Mr. Shashank Singh, Adv. UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated on behalf of the respondent to adjourn the matter to enable the respondent to file counter affidavit, matter is adjourned. As prayed, list after four weeks. (NEELAM GULATI) (ANITA RANI AHUJA) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.21 COURT NO.14 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10057/2019 (Arising out of impugned final judgment and order dated 05-12-2018 in LPA No. 533/2017 passed by the High Court Of Delhi At New Delhi) DELHI TRANSPORT CORPORATION Petitioner(s) VERSUS MAHENDER PAL Respondent(s) (FOR ADMISSION and I.R. and IA No.53265/2019-CONDONATION OF DELAY IN FILING and IA No.53266/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 08-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Ms. Asha Gopalan Nair, AOR For Respondent(s) Mr. Ravindra S. Garia, AOR Mr. Shashank Singh, Adv. UPON hearing the counsel the Court made the following O R D E R Notice. Mr. Ravindra S. Garia, learned counsel accepts notice on behalf of respondent. Counter affidavit be filed within four weeks from today. Rejoinder affidavit, if any be filed within two weeks thereafter. There shall be an interim stay of the impugned order, until further orders from this Court. (SWETA DHYANI) (ANITA RANI AHUJA) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

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