On 19 September
2018, Hon’ble Delhi High Court declared that the dismissal of Sh. Sho Ram
(Conductor) from service was illegal and directed the Delhi Transport Corporation
(D.T.C.) to pay full wages, including retiral dues, to Sh. Sho Ram up to the
date of his superannuation.
In the year
1988, Sh. Sho Ram was dismissed from service on the alleged charge of participation
in an illegal strike. Sh. Sho Ram was working as a conductor and contended that
he never participated in the strike.
In the year
1988, Sh. Sho Ram raised an industrial dispute before the Industrial Tribunal.
On 19 December 2011, the Hon’ble Industrial Tribunal held that the workman was
not entitled to any relief. Being aggrieved by the Award dated 19 December
2011, as passed by the Hon’ble Industrial Tribunal, the workman filed a writ
petition [W.P.(C) 2081/2012] before the
Hon’ble Delhi High Court. It may be noted that on 31st January, 2012 Sh. Sho
Ram attained the age of superannuation.
Anuj Aggarwal,
& Ashutosh Dixit, Advocates, counsel of Sh. Sho Ram (workman) contended
that Sh. Sho Ram never participated in the strike and the termination of
service of Sh. Sho Ram was in violation of Section 33 of the Industrial Disputes
Act, 1947.
Hon'ble Mr. Justice C. Hari Shankar, Delhi High Court, accepted the
submissions made by the counsels of Sh. Sho Ram and
declared that the dismissal of Sh. Sho Ram from service was illegal. The Hon’ble
Court directed the D.T.C. to pay full salary to Sh. Sho Ram up to the date of
his illegal dismissal from service. The Hon’ble Court further directed the D.T.C.
to pay all the retiral dues to Sh. Sho Ram within a period of 4 weeks.
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