1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7768 OF 2014 [@ SPECIAL LEAVE PETITION (C) NO.12544 of 2012] D.T.C. Appellant(s) VERSUS MOHINDER SINGH Respondent(s) O R D E R Leave granted. Upon going through the impugned Judgment and upon hearing the learned counsel appearing for the parties, we are of the view that the respondent-conductor should not be paid full back wages for the period, during which he did not perform his duties. We modify the impugned order accordingly. We further direct that the respondent-conductor shall be paid 25% of the back wages for the period, during which he did not perform his duties and shall be paid 100% wages from the date, he started performing his duties. It is clarified that if any amount has been paid in pursuance of the impugned order in excess of the aforesaid arrangement, the said amount shall be recovered in suitable instalments by the appellant-employer.
2 The Civil Appeal is allowed with no order as to costs. .......................J. [ANIL R. DAVE ] .......................J. [UDAY UMESH LALIT] New Delhi; August 19, 2014.
3 ITEM NO.2 COURT NO.4 SECTION XV 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). 12544/2012 (Against the final judgment and order dated 05.03.2012 passed by the High Court of Delhi at New Delhi in LPA No. 783 of 2011) D.T.C. Appellant(s) VERSUS MOHINDER SINGH Respondent(s) (with appln. (s) for exemption from filing O.T. and permission to file additional documents and interim relief and office report) Date : 19/08/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE UDAY UMESH LALIT For Appellant(s) Dr. Monika Gusain, Adv. For Respondent(s) Mr. Shailendra Bhardwaj, Adv. Mrs. Aroma S. Bhardwaj, Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. The Civil Appeal is allowed in terms of the signed order. (Jayant Kumar Arora) Sr. P.A. (Sneh Bala Mehra) Assistant Registrar (Signed order is placed on the file)
d 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7768 OF 2014 [@ SPECIAL LEAVE PETITION (C) NO.12544 of 2012] D.T.C. Appellant(s) VERSUS MOHINDER SINGH Respondent(s) O R D E R Leave granted. Upon going through the impugned Judgment and upon hearing the learned counsel appearing for the parties, we are of the view that the respondent-conductor should not be paid full back wages for the period, during which he did not perform his duties. We modify the impugned order accordingly. We further direct that the respondent-conductor shall be paid 25% of the back wages for the period, during which he did not perform his duties and shall be paid 100% wages from the date, he started performing his duties. It is clarified that if any amount has been paid in pursuance of the impugned order in excess of theSignature Not VerifiedDigitally signed byJayant Kumar AroraDate: 2014.09.01 aforesaid arrangement, the said amount shall be16:37:26 ISTReason: recovered in suitable instalments by the appellant-employer. 2 The Civil Appeal is allowed with no order as to
costs. .......................J. [ANIL R. DAVE ] .......................J. [UDAY UMESH LALIT]New Delhi;August 19, 2014. 3ITEM NO.2 COURT NO.4 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s).12544/2012(Against the final judgment and order dated 05.03.2012passed by the High Court of Delhi at New Delhi in LPA No.783 of 2011)D.T.C. Appellant(s) VERSUSMOHINDER SINGH Respondent(s)(with appln. (s) for exemption from filing O.T. andpermission to file additional documents and interim reliefand office report)Date : 19/08/2014 This petition was called on for hearingtoday.CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE UDAY UMESH LALITFor Appellant(s) Dr. Monika Gusain, Adv.For Respondent(s) Mr. Shailendra Bhardwaj, Adv. Mrs. Aroma S. Bhardwaj, Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. The Civil Appeal is allowed in terms of the signedorder. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar (Signed order is placed on the file)
Æ ITEM NO. 54 COURT NO.2 SECTION XV 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 (Civil) No(s).12544/2012 (From the judgement and order dated 05/03/2012 in LPA No.783/2011 of The HIGH COURT OF DELHI AT N. DELHI) D.T.C. Petitioner(s) VERSUS MOHINDER SINGH Respondent(s) (With appln(s) for exemption from filing O.T.,permission to file additional documents and prayer for interim relief and office report) Date: 23/11/2012 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE MADAN B. LOKUR For Petitioner(s) Dr. Monika Gusain,Adv.-on-Record Mr. Hari Om Yaduvanshi, Adv. Mr. Abhinav Jain, Adv. For Respondent(s) Mr. Rajesh, Adv. Mr. Shailendra Bhardwaj,Adv.-on-Record UPON hearing counsel the Court made the following O R D E R Perused the letter. Let rejoinder affidavit be filed within four weeks. List thereafter. | [ Charanjeet Kaur ] | | [ Kusum Gulati ] ||Court Master | |Court Master |
|ITEM NO.18 REGISTRAR COURT.1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR S.G. SHAHPetition(s) for Special Leave to Appeal (Civil) No(s).12544/2012D.T.C. Petitioner(s) VERSUSMOHINDER SINGH Respondent(s)(With appln(s) for exemption from filing O.T.,permission tofile additional documents and office report)Date: 21/09/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. Hari Om Yaduvanshi, Adv. Dr. Monika Gusain,Adv.For Respondent(s) Ms. Aroma S. Bhardwaj, Adv. Mr. Shailendra Bhardwaj,Adv. UPON hearing counsel the Court made the following O R D E R No request for filing counter affidavit. List before the Hon'ble Court, as per rules.| | | (S.G. SHAH) || | |REGISTRAR || | | |rd
\232ITEM NO.38 REGISTRAR COURT.1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR S.G. SHAHPetition(s) for Special Leave to Appeal (Civil) No(s).12544/2012D.T.C. Petitioner(s) VERSUSMOHINDER SINGH Respondent(s)(With office report)Date: 06/08/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. Hari Om Yaduwanshi, Adv. Dr. Monika Gusain,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R The learned Advocate, Ms. Aroma S. Bhardwaj accepts notice for therespondent and seeks time to file vakalatnama and counter affidavit. Learned counsel for the petitioner has to provide additional copy ofthe pleadings within a week against proper acknowledgment which is to befiled on record to avoid issuance of further notice. Served respondent may file counter affidavit before 21.9.2012.| | | (S.G. SHAH) || | |REGISTRAR || | | |rd
ÖITEM NO.31 COURT NO.3 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition for Special Leave to Appeal (Civil) No.12544/2012(From the judgment and order dated 05/03/2012 in LPANo.783/2011 of The HIGH COURT OF DELHI AT N. DELHI)D.T.C. Petitioner(s) VERSUSMOHINDER SINGH Respondent(s)(With prayer for interim relief and office report)Date: 27/04/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE D.K. JAIN HON'BLE MR. JUSTICE ANIL R. DAVEFor Petitioner(s) Dr. Monika Gusain, Adv. Mr. Hari Om Yaduvanshi, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. In the meantime, operation of the impugned judgment shall remain stayed, subject to the petitioner's complying with the provisions of Section 17-B of the Industrial Disputes Act, 1947. (VINOD LAKHINA) (KUSUM GULATI) Court Master Court Master