DELHI TRANSPORT CORPORATION Vs. NAND KISHORE

JUDGEMENT

(1.) In this Letters Patent Appeal filed by the appellant Delhi Transport Corporation (DTC) challenge is laid to the judgment dated 12.9.2011 passed by the Learned Single Judge of this Court in W.P.(C) 6608/2011 which was preferred by the DTC questioning the validity of Award dated 21.8.2010 passed by the Labour Court, Delhi directing the reinstatement of the respondent workman with continuity of service but without back wages. The relevant facts leading to the filing of this appeal are as under:

(2.) The workman thereafter raised industrial disputes which was referred to the Labour Court with the following terms of reference:-

(3.) The Labour Court framed the issues and one preliminary issue related to the validity of the inquiry conducted against the workman. Vide order dated 29.1.2005 this issue was decided in favour of the workman holding that the inquiry conducted was not valid and in violation of the principle of natural justice. Thereafter, Award dated 28.11.2005 was passed granting reinstatement with 75% back wages. The DTC preferred writ petition thereagainst which was allowed vide orders dated 20.7.2009. Award was quashed and the matter was remanded back to the Labour Court for fresh decision on merits after giving opportunity of hearing to both the parties.