SH. HARINDER PRATAP SINGH vs DELHI TRANSPORT CORPORATION AND ANR.

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 13.08.2025 + W.P.(C) 2394/2020 & CM APPL. 8380/2020 SH. HARINDER PRATAP SINGH .....Petitioner Through: Mr.Vinay Sabharwal and Mr.Karunesh Shah, Advs. versus DELHI TRANSPORT CORPORATION AND ANR. .....Respondents Through: Ms.Bhakti Pasrija and Mr.Moksh Pasrija, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed by the petitioner challenging the Order dated 18.11.2019 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the, ‘Tribunal’) in T.A. No.24/2013, titled Harinder Pratap Singh v. Delhi Transport Corporation & Anr., dismissing the said application filed by the petitioner herein. 2. To give a brief background of the facts in which the present petition arises, the petitioner was working as a Driver and was posted at Nangloi Depot with the respondents. 3. The respondents alleged that in March 1988, there was an Signature Not Verified Digitally Signed W.P.(C) 2394/2020 Page 1 of 11 By:REYMON VASHIST Signing Date:20.08.2025 18:47:04 illegal strike in which the petitioner had participated and, therefore, by an Order dated 26.03.1988, invoking the provisions of the Essential Services Maintenance Act, 1981 (hereinafter referred to as the, ‘ESM Act’), the services of the petitioner were terminated. 4. The petitioner challenged the same before this Court by way of W.P. No.763/1998. This Court directed that the same be considered by the Industrial Tribunal and accordingly, the petitioner filed I.D. No.1752/1989 before the Industrial Tribunal. The same was later withdrawn by the petitioner and he again approached this Court by way of W.P. No.2248/1994. 5. As, during the pendenc