KHEM CHAND Vs. S K SARVARIA

JUDGEMENT

(1.) This petition raises short but interesting point of res judicata or right to raise industrial dispute by the petitioner-workman after his writ petition challenging the same action was dismissed by this Court. The facts which give rise to the aforesaid question may be narrated first.

(2.) Petitioner was appointed as Conductor with respondent No. 2 - Delhi Transport Corporation (hereinafter referred to as DTC, for short) on 15th June, 1984. On 13th November, 1985 he was served with charge-sheet for non-issuance of tickets to passengers after collecting due fare from them. Three charges were, levelled against the petitioner. Enquiry was held and Enquiry Officer submitted his report giving the findings that all the charges levelled against the petitioner stood proved. Show cause notice was served upon ihc petitioner. At this stage, petitioner filed the writ petition being Civil Writ Petition No. 1853 of 1988 which was dismissed (this fact was not disclosed in the present writ petition). Thereafter petitioner was removed from service w.e.f. 7th September, 1988. Petitioner filed another writ pclilion being Civil Writ Petition No. 2391 of 1988 challenging the removal from service. This writ petition was also dismissed by the division bench of this Court by passing order dated 24th October, 1988. This i& a one word order staling "Dismissed". After suffering dismissal in the aforesaid manner petitioner raised industrial dispute by approaching appropriate government. This resulted in referring the matter for adjudication by Delhi Administration vide its terms of reference dated 9th March, 1992 reading as undcr:-

(3.) On receipt of the reference, Labour Court issued notice to both the parties. Petitioner filed his statement of claim to which written submission was filed by the DTC. Rejoinder was filed by the workman and after the pleadings were over the following issues were framed by the Labour Court on 12th August, 1993:-