Stay updated with the latest - Click here to follow us on Instagram
(Representational image)
Twenty-six years after he was declared unfit as a driver and removed by the Delhi Transport Corporation (DTC) on medical grounds, Madan Lal will finally be recognised by the corporation as its employee. Except, Lal died in February 2016.
An order was given by the Delhi High Court Monday, which held DTC’s September 1992 decision to remove Lal as “illegal”. Justice Vinod Goel said that though he had already attained the age of superannuation on April 30, 2003, he is entitled to salary and benefits “since 10.09.1992 till 30.04.2003, treating him in service throughout and all retiral benefits”.
It also imposed a cost of Rs 1 lakh on the DTC, to be payable equally to Lal’s four legal heirs.
The court’s decision came on an appeal filed by the DTC against the March 2001 order of the Industrial Tribunal, which had held Lal’s premature retirement as “illegal and unjustified”. It had said he was entitled for re-employment with continuity of service, with full back wages at the rate which he was drawing as driver.
Lal was appointed as a driver on October 27,1980, and sustained injuries on September 22,1986. He was examined by the DTC medical board, which recommended that he be given non-driving duties for three months. However, the board on May 8, 1990, declared him permanently unfit for the post of driver. Subsequently, the DTC on September 10, 1992, permanently retired him from service.
Lal appealed against that order and was given relief by the Tribunal. But the DTC moved the HC, which rejected their appeal and said it for “fighting the reference tooth and nail”. “…the management has failed to introspect and examine the legal position. The result is an unnecessary loss for the public exchequer, waste of precious court time and undue mental and physical pain and agony to the workman and his family,” the court said.
Stay updated with the latest - Click here to follow us on Instagram