1. The seven petitioners impugn the order dated 4 December, 2019 of Central Administrative Tribunal (CAT), Principal Bench, New Delhi of dismissal of OA No. 1947/2014 preferred by them along with one another. The said OA was filed, claiming wages for the period 1 September, 2013 to 12 February, 2014.
2. CAT has dismissed the OA, reasoning inter alia that the claim, if any, should have been made by the petitioners in the earlier proceedings, being TA No. 52/2012 which was disposed of on 12 February, 2014 and not by way of a separate OA, as done.
3. The counsel for the respondent Delhi Transport Corporation (DTC) appearing on advance notice, on enquiry, informs (i) that the petitioners were a part of drivers hired in the wake of Commonwealth Games and who were subsequently found to be medically not fit for functioning as drivers; (ii) that several legal proceedings ensued and ultimately reached the Supreme Court, which permitted action to be taken against all those not medically fit to be drivers, by issuing a show cause notice; (iii) that it was in pursuance thereto that proceedings were initiated; and, (iv) that the petitioners have not even pleaded, whether they, in pursuance to the said proceedings, were dismissed from service.
4. The counsel for the petitioners, on enquiry states that all the seven petitioners were dismissed after 12 February, 2014 and which orders of dismissal have attained finality. He however states that since the claim for salary for the period prior to dismissal was alive in OA No. 1947/2014, which has now been dismissed, the petitioners are still entitled to the wages for the period they were in employment.
5. It seems that the respondent DTC needs to put the facts chronologically and in the proper perspective.
6. Issue notice.
7. Notice is accepted by the counsel for the respondent DTC.
8. Reply/counter affidavit be filed within six weeks.
9. Rejoinder thereto, if any, be filed within four weeks thereafter.
10. List on 24 August, 2021.