DELHI TRANSPORT CORPORATION Vs. SURESH KUMAR

JUDGEMENT

(1.) THE petition impugns the award dated 20th September, 2010 of the Industrial Adjudicator on the following reference:

(2.) THE Respondent workman was working as a Conductor with the Petitioner DTC w.e.f. 9th August, 1984 as a permanent employee. He was on 17th February, 1992 charged with, having reached the depot late by one hour for duty on 31st January, 1992, having shouted and abused the ATI Mr. Sher Singh when he refused to mark the attendance of the Respondent workman; having picked up quarrel with Mr. Sher Singh and having provoked other persons and having threatened Mr. Sher Singh. The said acts of the Respondent workman were stated to be acts of indiscipline and misconduct as per Rule 19 (g) & (m) of the DTC Code of Conduct for the Employees. An Inquiry Officer was appointed who submitted a report finding the Respondent workman guilty of the charges. The Disciplinary Authority of the Petitioner DTC on 29th September, 1992 imposed the punishment of removal from service on the Respondent workman.

(3.) THE Respondent workman also raised a dispute and on which the reference aforesaid was made. In the trial of the said reference also, a preliminary issue as to the validity and legality of the inquiry, was framed. It appears that at one stage, on the basis of order in Section 33(2)(b) proceeding holding the inquiry to be valid, the inquiry was held to be valid, in the Section 10 reference proceedings also; however the said order was recalled, the scope of reference under Section 10 being wider than that of a proceeding under Section 33(2)(b).