DTC Vs. ANIL KUMAR

JUDGEMENT

(1.) BY way of this writ petition the petitioner, Delhi Transport Corporation has challenged the Award dated 03-02- 04 of the Industrial Tribunal No. 1, Delhi in ID No. 152/01 whereby the respondent ? workman, who was employed as Driver with DTC, had been ordered to be reinstated in service with full back wages and continuity of service after holding the punishment of his removal from service for availing excessive leave to be illegal.

(2.) THE respondent ? workman was charge-sheeted for unauthorized absence from duty for 147 days and after a departmental enquiry he was ordered to be removed from service by the management of DTC vide order dated 22 nd September, 1992. THE respondent?workman felt aggrieved with the punishment of removal from service awarded to him and, therefore, he raised an industrial dispute by approaching the labour authorities which, in turn, made a Reference to the Industrial Tribunal vide Reference dated 30th January, 2001 with the following term of Reference:

(3.) AFTER examining the evidence adduced during the trial the Industrial Tribunal vide its impugned Award came to the conclusion that the enquiry held against the respondent ? workman was vitiated as there was violation of principles of natural justice in the conduct of the enquiry. Relevant findings of the Industrial Tribunal for vitiating the enquiry was to be found in the para nos. 19 to 20 of the impugned Award which are re-produced below: