MANAGEMENT OF D.T.C Vs. DHAN SINGH

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner (DTC) challenging the award dated 02.09.2004 of the Labour Court whereby the removal of the respondent workman from its service had been held to be illegal and his re-instatement with full back wages and other consequential benefits was ordered.

(2.) THE respondent-workman at the time of termination of his employment was working as a driver with the petitioner. THE petitioner had charged the respondent-workman vide charge sheet dated 26-12-1991 with the misconduct of unauthorized absence from duty from 13.11.1991 to 12.12.1991. THE management held an also. THE enquiry officer found the respondent-workman guilty of absence without permission, negligence in performance of duties and lack of interest in his work and the disciplinary authority vide order dated 24.3.1992 imposed extreme punishment of his removal from service after accepting enquiry officer's report.

(3.) THE respondent-workman filed a statement of claim before the Labour Court in which he had pleaded that he was not even served any charge-sheet and the enquiry was also not conducted fairly and properly and in any case, the punishment awarded to him was highly disproportionate to the alleged act of misconduct. THE petitioner-management had filed its written statement and claimed that the respondent was removed from service after serving him with a charge-sheet and relevant documents and holding a proper enquiry in which he had admitted his fault and further that punishment of removal from service was awarded to him since earlier also he had been awarded punishment 28 times for different acts of misconduct including that of remaining frequently absent from duty. THE Labour Court vide order dated 23.3.2001 had framed the following preliminary issue regarding the validity of enquiry:-