OM PATI Vs. DTC

JUDGEMENT

(1.) In the present petition under Article 226 of the Constitution of India the petitioner has challenged the order of the Labour Court dated 14.5.2004 and 7.11.2006 under Section 33C(2) of the Industrial Disputes Act, 1947. In the impugned order, the Labour Court by an order dated 14.5.2004 directed the respondent to make the payment of the back wages due to the workman on the basis of last drawn salary from the date of his termination till the date of superannuation of 15.4.1994.

(2.) As the workman Dharampal died subsequently on 24.1.2000, the case was pursued by his wife Smt. Om Pati thus, as per order, the respondent was directed to make the payment to Smt. Om Pati widow of the deceased who has filed the present petition. The case of the petitioner is that late Dharampal was an employee with the respondent Delhi Transport Corporation from 1.10.1958. His services were terminated on 4.10.1971.

(3.) The husband of the petitioner was chargesheeted and pursuant to the charges, a domestic inquiry was conducted and the Inquiry Officer had found the husband of the petitioner guilty of charges levelled against him and therefore, he was removed from the service on 4.10.1971. The Industrial Dispute No.165/1968 was pending under Section 33(2)(b) of the Industrial Disputes Act, 1947 wherein the application was filed by the respondent on 4.10.1971 for seeking approval of action of removing the workman from the services of the respondent. On 6.4.1994 the approval application of the respondent was dismissed on the ground that the respondent had failed to establish the charges levelled against the workman.