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HIGH COURT OF DELHI
Date of Order: December 06, 2018
DELHI TRANSPORT CORPORATION THROUGH: ITS CHAIRMAN ..... Petitioner
Through: Mr. Sarfaraz Khan, Advocate
ANIL KUMAR
RAKESH KUMAR
VIKRAM SINGH
SANDEEP RANA
NAVEEN YADAV.....Respondents
Through: Nemo
JUDGMENT
1. Respondents-Workmen’s applications under Section 33-C(2) of the Industrial Disputes Act, 1947 to claim arrear of wages have been allowed by the trial court while relying upon an order of the Central Administrative Tribunal, New Delhi (hereinafter referred to as ‘CAT’). 2018:DHC:7715 W.P.(C) 10187/2017 & connected matters
2. Learned counsel for petitioner submits that the order passed by the CAT is sub judice before a Division Bench of this Court and the order of CAT has been stayed. It is also stated that Supreme Court has also stayed the deposit of back-wages and the matter is sub judice and will take time.
3. Despite service, there is no appearance on behalf of respondents- Workmen.
4. Upon hearing and on perusal of impugned order and the material on record, I find that the impugned order directing payment of backwages while relying upon the order of CAT cannot be sustained as the order of the CAT is sub judice before a Division Bench of this Court.
5. In the facts and circumstances of this case, impugned order is hereby set aside, with liberty to respondents-Workmen to file fresh application under Section 33-C(2) of the Industrial Disputes Act, 1947, after the orders are passed by the Division Bench as well as Supreme Court in the case of the parties.
6. With aforesaid directions, these petitions and the pending applications are accordingly disposed of.
JUDGE DECEMBER 06, 2018 s