DELHI TRANSPORT CORPORATION Vs. BALRAJ SINGH

JUDGEMENT

(1.) BY way of this writ petition, the petitioner, Delhi Transport Corporation, has challenged the Award dated 26th April, 2010 passed by the Labour Court whereby it was held that for unauthorized absence from duty for a period of 17 days the punishment of removal from service awarded to the workman Balraj singh, who died during the pendency of the proceedings before the Labour Court, was unjustified and accordingly after setting aside that punishment the Labour Court passed an order for payment of family pension and gratuity to the legal heirs of the deceased workman while back wages were denied.

(2.) THE deceased workman was charge -sheeted for unauthorized absence from duty for a period of 97 days. Since the reply submitted by him to the charge -sheet was not found to be satisfactory the management had decided to conduct a departmental enquiry. Enquiry officer was accordingly appointed who found the charge of unauthorized absence established by observing that the deceased workman himself had accepted the same at the commencement of the enquiry. Accordingly the Disciplinary Authority awarded the punishment of removal from service to the deceased workman.

(3.) THE management then felt even aggrieved with the grant of aforesaid relief of payment of gratuity and family pension only to the legal heirs of the deceased workman by the Labour Court and therefore, the present writ petition was filed.