DELHI TRANSPORT CORPORATION Vs. SHYAM SINGH

JUDGEMENT

(1.) The respondent workman was appointed as a conductor with the appellant on 2 nd September, 1989. He was on 24 th June, 1993 served with a charge sheet for not issuing tickets to the passengers inspite of collecting the fare. Departmental inquiry was held and the Inquiry Officer found the respondent workman guilty of the charge. The Disciplinary Authority of the appellant DTC vide order dated 18 th July, 1994 imposed the punishment of removal from service on the respondent workman.

(2.) It appears that an application under Section 33(2)(b) of the Industrial Dispute Act, 1947 was preferred by the appellant. The respondent workman also raised an industrial dispute in which the following reference was made:-

(3.) The record further shows that the Industrial Adjudicator dismissed the application of the appellant DTC under Section 33(2)(b) and passed an award dated 8 th November, 2001 of reinstatement of the respondent workman with full back wages. The appellant filed W.P.(C) No. 6095/2002 challenging the said award and W.P.(C) No. 1420/2002 challenging the order of dismissal of the application under Section 33(2)(b) of the ID Act. It further transpires that both the said writ petitions were decided on 29 th September, 2004 and while the award was set aside and the matter remanded to the Industrial Tribunal for fresh decision including the claim of back wages, permission under Section 33(2)(b) was granted. It further transpires that against the order setting aside the award, the respondent workman preferred an LPA No.1007/2004 which was disposed of on 5 th November, 2007. The Division Bench though maintained the order of setting aside of the award with remand to the learned Single Judge, clarified that the observations made by the learned Single Judge in allowing the application under Section 33(2)(b) of the Act will not affect the decision of the Industrial Adjudicator pursuant to remand.