DTC Vs. MAHINDER SINGH

JUDGEMENT

(1.) Costs of Rs.5000/- has been paid to Respondent No.2 in Court today.

(2.) By the present petition, the Petitioner impugns the award dated 24 th May, 2000 passed by the learned Labour Court in ID-498/87 whereby the learned Labour Court held that the services of the workman/Respondent No.2 herein were terminated illegally and unjustifiably without proof of charges by the management and directed reinstatement with continuity of service. However, in view of the fact that the Respondent was equally responsible for prolonging the litigation since 1991, he was only awarded 50% of the back wages during the intervening period of termination and till reinstatement.

(3.) Learned counsel for the Petitioner contends that the Respondent No.2 was appointed as a Driver on 4 th February, 1980 and he was charge-sheeted on 26 th September, 1984 for stopping the out shedding of the buses and preventing other drivers too from out shedding their buses along with three other persons namely Phool Kumar Conductor, Dalip Singh Driver and Rajbir Driver due to which the Petitioner suffered financial losses and inconvenience was caused to the commuters on account of holdup of buses. On an enquiry being conducted, the Respondent was dismissed from service vide order dated 18 th November, 1986. On the Respondent No.2 raising an industrial dispute, a reference on the following terms was sent for adjudication:-