DELHI TRANSCO LTD Vs. HYTHRO ENGINEERS PVT LTD

JUDGEMENT

(1.) None appears for the petitioner inspite of the matter having been kept pending for sufficiently long time. Considering that the petition is of the year 1998 and the Chief Justice of India has at the beginning of the year announced that all matters pending for over of five years be disposed of by the end of this year, it is not deemed expedient to await the petitioner any further. The counsel for the respondent workman has been heard and with his assistance, the records have been perused.

(2.) The petition impugns the ex parte award dated 08.08.1996 of the Industrial Adjudicator on the following reference:

(3.) The Industrial Adjudicator granted the relief aforesaid on the uncontroverted plea of the respondent workman that, he was appointed as Driver with the petitioner DTC first in the year 1989 but his services were terminated on 19.02.1990 for remaining absent without pay; that upon protest by him, he was re-employed on daily wages with effect from 09.07.1990 but was again removed on 18.10.1992 without any chargesheet or inquiry, on the ground of remaining absent for about 128 days during the year 1990-91 though he had submitted application for leave supported by medical certificate from the Medical Officer of the management. The Industrial Adjudicator held that the provisions of Section 25-F of the Industrial Disputes Act, 1947 having not been complied with, the termination was bad.