JAGDISH PRASAD Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) CM No. 20141/2012 in LPA No. 791/2012 CM No. 19918/2012 in LPA No. 780/2012 (both for exemption) Allowed, subject to just exceptions. The applications stand disposed of. CM No. 20142/2012 (for condonation of 67 days delay in filing the appeal) in LPA No. 791/2012 & CM No. 19920/2012 (for condonation of 21 days delay in refiling) in LPA No. 780/2012 For the reasons stated in these applications, the delay of 67 days in filing LPA No. 791/2012 and the delay of 21 days in re-filing LPA No. 780/2012 is condoned. The applications stand disposed of. LPA No. 780/2012 & CM No. 19919/2012 (for stay) & LPA No. 791/2012. These intra court appeals impugn the common judgment dated 16th August 2012 of the learned Single Judge in W.P.(C) No. 195/2006 and W.P.(C) No. 351/2006 preferred by the respondent/ Delhi Transport Corporation (DTC).

(2.) The appellant was employed as a conductor with the respondent DTC since 23rd February, 1985. He was on 14th August, 1992 charged with, (i) having not issued tickets after collecting due fare; (ii) issuing tickets of lessor denomination after collecting due fare; and, (iii) of being in possession of excess cash. A departmental enquiry was held in which one of the passengers was examined, who deposed in favour of the appellant. The Enquiry Officer however found the appellant guilty of the charge and the Disciplinary Authority of the respondent/DTC after issuing a show cause notice to the appellant, on 8th October, 1993 imposed the punishment of removal from service on the appellant. However, since at that time a dispute between DTC and its workmen was pending consideration, application under Section 33(2)(b) of the Industrial Disputes Act, 1947 was necessitated and filed.

(3.) It appears that the said application under Section 33(2)(b) remained pending for long and which led the appellant to, in or about the year 1997, raise an industrial dispute which was also referred for adjudication.