DELHI TRANSPORT CORPORATION Vs. HARISH BABU

JUDGEMENT

(1.) THE charge of unauthorized absent from the duty for a period of 171 days, i.e., from 01.1.1993 to 30.11.1993, a departmental inquiry was held against the respondent [hereinafter referred to as 'the workman'] by the appellant, Delhi Transport Corporation ('DTC' for the sake of brevity). The defence of the workman in the said inquiry was that he had submitted leave applications for the entire period of his alleged unauthorized absence from the duty on the ground of sickness and had even submitted medical certificates as well. Therefore, it was not a case of unauthorized absence or lack of interest in the job as alleged in charge -sheet. Inquiry was held as per which charges stood proved. Accepting the inquiry report, the Disciplinary Authority imposed the punishment of "removal" from services. The workman raised the industrial dispute. Preliminary issue was framed by the Labour Court on the fairness and validity of the departmental inquiry. This issue was decided vide orders dated 08.8.2008 against the DTC holding that the inquiry was not fair as proper opportunity was not granted to the workman. Inquiry was, thus, set aside and DTC was given an opportunity to adduce evidence before the Court itself in order to establish allegation of misconduct levelled against the workman. The DTC examined two witnesses to establish charge of unauthorized absence. The workman examined himself on the basis of evidence produced before the Labour Court. The Labour Court returned the finding that the charge was not proved. Vide Award dated 02.2.2010, the Labour Court held the termination of workman's service as illegal and unjustified and granted relief of reinstatement with lump sum payment of Rs.50,000/ - towards backwages.

(2.) Feeling aggrieved, the DTC filed the Writ Petition, which has been dismissed by the learned Single Judge vide impugned order dated 07.3.2012. The DTC had questioned the orders dated 08.8.2008 vide which departmental inquiry was held to be improper. The DTC had also challenged the veracity of the Award dated 02.2.2010 whereby the Labour Court held that the charge of unauthorized leave was not proved.

(3.) INSOFAR as fairness of inquiry is concerned, the learned Single Judge has repelled the challenge of the DTC in the following words: