DELHI TRANSPORT CORPORATION Vs. JAI PRAKASH

JUDGEMENT

(1.) The petitioner (DTC) by way of this writ petition has sought quashing of the award dated 2nd September, 2009 passed by Labour Court whereby the respondent-workman, who was employed as a Cleaner with DTC and was removed from service by the management for his having remaining unauthorisedly absent from duty for long periods, was ordered to be re-instated in service with all consequential benefits.

(2.) The facts which led to the filing of this petition and which only were highlighted from both sides during the course of hearing may be set out at the outset. The respondent was served with a charge-sheet on the allegations that he during the year 1991 he availed leave for 173 days without pay and had remained unauthorisedly absent for 21 days in the year 1992 and had also availed 119 days leave without pay which reflected his lack of interest in his duties. He filed his reply to the chargesheet giving the reasons for remaining absent from duty during the period mentioned in the charge-sheet. However, that explanation was not found to be satisfactory by the management of DTC and so a regular departmental enquiry was ordered. Enquiry was then initiated against the respondent and he accepted the allegations made in the charge-sheet the enquiry officer submitted his report to the Disciplinary Authority to the effect that charges stood established against the respondent. The Disciplinary Authority agreeing with the findings of the Enquiry Officer imposed the punishment of removal of the respondent from service w. e. f. 26.03.1993.

(3.) Feeling aggrieved, the respondent raised an industrial dispute which was referred for adjudication to the Labour Court.