DELHI TRANSPORT CORPORATION Vs. DEVENDER KUMAR

JUDGEMENT

(1.) DEVENDER Kumar, Respondent herein, a conductor in the Appellant, Delhi Transport Corporation, was removed from service on 16th April, 1987. The Respondent raised an industrial dispute and succeeded vide award dated 16th January, 2006.

(2.) In the award, it was noticed that vide order dated 6th May, 2005, it was held that the enquiry report was unfair and the enquiry had not been conducted in accordance with law. The Appellant, thereafter, was granted an opportunity to lead evidence to prove misconduct, but No. evidence was led and the evidence was closed by order dated 2nd December, 2005.

(3.) THE Appellant unsuccessfully challenged the said award in Writ Petition (Civil) No. 15523/2006 which has been dismissed vide impugned order dated 22nd February, 2010. Learned Single Judge while dismissing the writ petition has held that the industrial adjudicator has recorded findings of fact and once the Appellant did not lead evidence to prove the charge there was No. justification to exercise extra ordinary writ jurisdiction under Article 226 of the Constitution and the court would not reappreciate the facts as an appellate forum.