DELHI TRANSPORT CORPORATION Vs. RAMESH CHAND

JUDGEMENT

(1.) IN this appeal, the appellant (Delhi Transport Corporation) is aggrieved by the judgment dated 08.08.2011 delivered by a learned Single Judge of this Court in W.P.(C) 8974/2003 whereby the appellant's said writ petition was dismissed. In the said writ petition, the appellant was aggrieved by an order dated 29.03.2003 passed by the Industrial Tribunal (hereinafter referred to as the said Tribunal) whereby the appellant's O.P. No.200/1994 under Section 33 (2) (b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act) was rejected. By virtue of that application under Section 33 (2) (b) of the said Act, the appellant had sought approval in respect its action of removing the respondent No.1 (Ramesh Chand) from service.

(2.) THE charges leveled against respondent No.1 were that on 29.01.1993, the respondent No.1 was on duty in Bus No.9533 in Route No.GL-502. It was alleged that the said bus was checked and it was found that after collecting the due fare, the respondent No.1 had allegedly re-sold the tickets already sold by them earlier. It was also alleged that when the cash was checked it was found to be in excess by Rs.38.25 paise. The stand taken by the DTC was that this amounted to misconduct within the meaning of Article 19 (b), (f), (h) and (m) of the standing orders governing the conduct of DTC employees. Thereafter the Disciplinary Authority removed respondent No.1 from service by virtue of its order dated 02.08.1994 and paid one month's wages to the respondent by way of the impugned order.

(3.) AFTER a reply had been filed to the said application on behalf of respondent No.1, wherein the respondent No.1 denied all the allegations leveled against him, a preliminary issue was framed by the said Tribunal on 27.02.1996 which was to the following effect:-