PREM SHANKAR DRIVER Vs. CHIEF GENERAL MANAGER, DTC

JUDGEMENT

(1.) The Appellant in the present intra court appeal, Prem Shankar now represented by his legal heirs, has challenged the decision dated 10th January, 2003 passed in Civil Writ No. 2246/2002. By the impugned judgment, the learned single Judge has dismissed the writ petition, inter alia, holding that the Appellant had retired from service and, therefore, cannot be reinstated. It has been further held that whether or not Appellant was gainfully employed and entitled to back wages was a disputed question of fact that cannot be decided in a writ petition and the appropriate remedy was to approach the authorities under the Industrial Disputes Act, 1947 (Act, for short).

(2.) The Appellant was appointed and was working as a driver with the Respondent DTC. He was charge-sheeted and removed from service in 1974. Since an industrial dispute was pending, an application under Section 33(2)(b) of the Act was filed by the Respondent. Tribunal by order dated 17th May, 1982, held that it was not possible to grant approval of removal of the Appellant on the basis of the enquiry made by the Respondent management. However, in view of the request made by the Respondent, the management was allowed to produce evidence in support of their case. Issues were framed and the parties were directed to lead evidence. By order dated 1st April, 1989, the industrial adjudicator held that the management was not able to substantially establish the misconduct with which the Petitioner was charged. The effect thereof was that the tribunal refused to grant approval under Section 33(2)(b) of the Act.

(3.) The two orders dated 17th May, 1982 and 1st April, 1989 were made subject matter of challenge by the Respondent in Civil Writ No. 1245/1990. By judgment dated 27th January, 1995, the writ petition was dismissed and the said order, it is accepted, has attained finality.