DTC Vs. PREM CHAND EX SWEEPER

JUDGEMENT

(1.) Calling in question the legal sustainability of the order dated 7th December, 2006 passed by the learned Single Judge in WP (C) No. 16938/2005, the present intra-court appeal has been filed.

(2.) The factual score which requires to be exposited are that the respondent-workman was a sweeper under the appellant, namely, Delhi Transport Corporation (for short the corporation.). A disciplinary proceeding was initiated against him on 29th April, 1993 on the ground that he had remained unauthorizedly absent for 107 days during the period between 1st January, 1991 and 31st December, 1991. In the disciplinary enquiry, he was found guilty and thereafter the disciplinary authority imposed the punishment of removal and issued the said order on 20th August, 1993.

(3.) As during that period an industrial dispute was pending between the management and the workman, a proceeding under Section 33(2)(b) of the Industrial Disputes Act, 1947 (for brevity the Act.) was initiated seeking approval from the labour court. The said application was dismissed on 2nd September, 1996 for non-payment of costs. The said order of dismissal was challenged before this Court in WP (C) No. 1584/2001, which was dismissed by an order dated 13th March, 2001. The said order was not assailed before the superior forum and, therefore, was allowed to attain the finality.