DTC Vs. SATBIR SINGH

JUDGEMENT

(1.) WP(C) 974/2001 was filed impugning the order dated 21 st January, 2000 of the Industrial Tribunal rejecting the application dated 26 th May, 1989 of DTC under Section 33(2)(b) of the Industrial Disputes Act, 1947 seeking approval of its action of the removal of the workman from the services of DTC. The said application was necessitated owing to the pendency then of a general dispute between the DTC and its workmen. Notice of the writ petition was issued and a reply to the writ petition was filed by the workman. However, the writ petition was disposed of on 2 nd December, 2002 in view of the judgment dated 25 th September, 2002 of the Division Bench of this Court in Sardar Singh Vs. DTC. In or about February / March, 2006 DTC filed an application for revival of the writ petition on the ground of the judgment of the Division Bench of this Court in Sardar Singh (supra) having been upset by the Supreme Court in DTC Vs. Sardar Singh AIR 2004 SC 4161. Notice of the said application was issued to the workman. Vide order dated 24 th April, 2007 the writ petition was permitted to be revived. The said order has attained finality.

(2.) WP(C) 5892/2005 was filed by the workman seeking mandamus commanding the DTC to reinstate him in service with full back wages and all consequential benefits upon dismissal by the Industrial Tribunal of the application aforesaid of the DTC under Section 33(2)(b) of the ID Act. Notice of the said writ petition was also issued and the said writ petition was ordered to be taken up together with WP(C) 974/2001. The fate of WP(C) 5892/2005 is dependent upon the outcome of the WP(C) 974/2001.

(3.) THE workman was employed as a driver with the DTC and was charged with availing excess leave of 256 days without pay during the period from January, 1987 to June, 1988 and which was stated to be a misconduct within the meaning of para 4(ii) and 19(h) of the Standing Orders governing the conduct of the DTC employees. THE inquiry conducted found the charge to be proved against the workman. THE Disciplinary Authority of the DTC imposed the punishment of removal from service on the workman and filed the application aforesaid under Section 33(2)(b) of the ID Act.