33 # o/o 02.09.2011 Present: Mr.Sumeet Pushkarna, Advocate for the petitioner. +W.P.(C) No.2889/2007 and C.M.No.5406/2007 * Counsel for the petitioner submits that this matter has been settled before the Lok Adalat. In view of the said submission made by counsel for the petitioner, nothing further remains to be considered in the present petition and the same is disposed of as finally settled. Parties are directed to comply with the directions given by the Lok Adalat. September 02, 2011 de KAILASH GAMBHIR, J Signing Date:06.09.2024 17:17:58 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 18 Lok Adalat-27 .08.2011 In the Lok Adalat presided over by HMJ Ajit Bharihoke and Co-member Mr. Neeraj Choudhary, Advocate. +WP(C) No.2889/2007 MEMO OF PARTIES DELHI TRANSPORT CORPORATION .... PETITONER Through: Ms. Arti Mahajan, Advocate & Vs. Mr. jitender Kumar, Advocate with Mrs. Annu, Dy. CGM(Law) of the petitioner. SH. SATENDER KUMAR .... RESPONDENT Through: Mr. Atul Nagrajan, Advocate along with respondent Satender Kumar ORDER • After some discussions, parties have arrived at an amicable settlement with following terms: 1. That the respondent Satender Kumar for all practical purposes shall be treated to have been reinstated in service w.e.f. 16.10.2009. 2. The respondent shall be paid the difference of wages which he was entitled after getting benefit of 6th Pay Commission and the wages which were actually paid to him pursuant to the orders under Section 17(8) of the Industrial Disputes Act w.e.f. "16.10.2009. It is further submitted on behalf of the petitioner that benefit of 6th Pay Commission has been / ,. '(' .i extended to the respondent and his arrears of difference of wages worked out to be Rs.1,58,715/-. 3. The respondent shall be paid a sum of Rs.1,58,715/- against the difference of wages to which the respondent was entitled to as wages which were paid to him w.e.f. 16.10.2009 pursuant to the order under Section 17(8) of the Industrial Disputes Act. 4. The period of service from 09.09.1997 to 15.10.2009 shall be treated as break in service which will not be taken into account for the purpose of calculation of the pension and gratuity of the respondent or for extending any service benefit. 5. However, for the purpose of calculating the pensionable service and gratuity, the period of service rendered by the respondent w.e.f. the date of his appointment till 08.09.1997 and w.e.f. 16.10.2009 till the date of retirement shall be taken into account without resorting to any objection ' regarding break of service. f! 6. The amount, if any, paid to the respondent at the time of termination of his service on account. of gratuity and CPF shall be returned by the respondent@ 12% P.A. 7. That back wages, if any, received by the respondent through bank attachment or otherwise shall be returned by him. 8. The payment shall be paid within two months after receipt of order. Parties undertake to abide by the above terms and settlement and in token thereof, they have signed the proceedings. Petitioner submits that in view of the settlement, his writ petition be disposed. Writ petition stands disposed of in terms of the settlement. ¥ judge Lok Adalat { /1-Nrvu /t vM»>t) • IJ7( . .,..,: '