DTC Vs. KARTAR SINGH & ORS.

JUDGEMENT

(1.) The petitioner -management by filing this writ petition seeks to challenge the award dated 14.10.1996 passed by the Industrial Tribunal whereby the punishment of reduction of respondent -workman to the initial stage in the time scale for the post of a driver was found to be unjustified and consequently had been set aside.

(2.) The undisputed facts are that the respondent -workman was employed with Delhi Transport Corporation as a driver. He was charge -sheeted on 6.5.92 on the allegation that on 2.4.92 while driving DTC bus an accident was caused by him with a truck due to rash and negligent driving and in that accident DTC suffered a loss of Rs. 20,000/ - because of the damage caused to the bus. The respondent -workman had refuted the aforesaid allegations. The petitioner -management conducted an enquiry in which also respondent -workman had not accepted the charge that the accident was caused due to his rash and negligent driving and it was his defence that there was no fault on his part.

(3.) After enquiry was concluded the enquiry officer vide his report dated 31st July, 1992 came to the conclusion that there was merit in the defence of the driver, the respondent herein, but it was also observed that while overtaking the truck with which the accident took place it was his duty to keep himself ready for such like situation so that he could have controlled the bus. The final conclusion was that accident took place because of the negligence of the bus driver as well as the truck driver. Accepting that finding of the enquiry officer the management awarded the penalty to the respondent -workman as noticed already.