D T C Vs. HARISH BABU

JUDGEMENT

(1.) THE petitioner is aggrieved by the Award dated 02.02.2010 passed by learned Labour Court whereby reinstatement of the respondent/workman in service and payment of ` 50,000 also to him has been ordered.

(2.) THE relevant facts are that the respondent-workman was charge- sheeted on 21.03.1994 while in the employment of the Delhi Transport Corporation(`the management' in short) as a conductor on the allegation that he had remained absent from duty unauthorisedly for 171 days from 1.1.1993 to 30.11.1993 which showed his lack of interest in the job. THE respondent-workman had refuted that allegation in his reply to the charge-sheet. In his reply to the charge- sheet, the respondent-workman had claimed that he had submitted leave applications for the entire period of his alleged unauthorized absence from duty and that he had to take leave because of his own sickness and he had submitted medical certificates also. THE management did not feel satisfied with the reply to the charge-sheet given by the respondent-workman and so it decided to conduct a departmental inquiry. In the departmental inquiry, the Inquiry Officer found the allegation levelled against the respondent-workman having been proved and the Disciplinary Authority accepting the enquiry officer's report imposed upon the respondent-workman punishment of his removal from service.

(3.) THE management filed its written statement opposing the claim of the respondent-workman and it took the stand that the respondent- workman had been removed from service after holding proper enquiry in which he was found guilty of the charge of unauthorized absence for duty for 171 days.