DELHI TRANSPORT CORPORATION Vs. SHYAM LAL

JUDGEMENT

(1.) Delhi Transport Corporation (hereinafter referred to as the employer) calls in question legality of the judgment rendered by a Division Bench of the Delhi High Court in Letters Patent Appeal No. 298/2002 filed by the respondent (hereinafter referred to as the workman).

(2.) Background facts in a nutshell are as follows: The respondent-workman was found to have committed misconduct while working as a conductor. He had collected money but had not issued tickets as was found during a checking done by a the concerned officials. Departmental proceedings were initiated against him and he was found guilty. A charge-sheet in this regard was issued to the workman on 22-12-1988 and he submitted his reply on 30-12-1988. Subsequently on 13-1-1989 and 24-2-1989, the workman admitted his guilt and pleaded for leniency. Basing on his admission, he was found guilty in the departmental proceedings and removed from service.

(3.) A reference was made to the Industrial Tribunal under Section 32(2)(b) of the Industrial Disputes Act, 1947 (in short the Act) for approval of the order of removal. The Tribunal did not accord approval being of the view that the admission was really of no consequence and the officer who had conducted enquiry had no direct evidence and the statement made by the person who had paid the amount in question before the officer conducting the checking was in the nature of hearsay evidence and was not of any consequence. Accordingly, the approval sought for was rejected. The employer challenged the order of the Tribunal before the Delhi High Court and a learned single Judge by judgment dated 21-12-2001 in C.W.P. No. 6934/2000 and connected C.Ms. held that the Tribunals view was not defensible. Accordingly, the writ petition was allowed and it was directed that approval in terms of Section 33 (2)(b) of the Act was to be granted to the employer to dismiss the respondent-workman.