DELHI TRANSPORT CORPORATION Vs. KALU PRASAD

JUDGEMENT

(1.) The present petition has been filed under Article 226/227 of the Constitution of India for setting aside the order in O.P. No. 421/1993 titled as "The workman Sh. Kalu Prasad v. The Management Delhi Transport Corporation" dtd. 6/11/2009 passed by the learned Presiding Officer, Industrial Tribunal-II, Karkardooma Court (hereinafter the "Impugned Order"). By virtue of the impugned order, the learned Labour Court dismissed the application preferred by the Petitioner/Management under Sec. 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter "I.D. Act").

(2.) The learned Labour Court vide the Impugned Order held that the amount of Rs.20.00 as special allowance towards family planning incentive ought to have been included in one-month wages paid to the Respondent/Workman and failure to do so has resulted in non-compliance of the proviso to Sec. 33(2)(b) of the I.D. Act.

(3.) The Respondent, Kalu Prasad was employed as a Conductor with the Petitioner. On 1/5/1992, while the Respondent was on duty on Bus No. 6325, he was checked by the checking staff. Thereafter, some irregularities were found, it was alleged that (1) the Respondent did not issue tickets to five passengers after collecting the due fare of Rs.2.00 from each of them; (2) the Respondent refused to get his cash and hand block tickets checked; (3) the Respondent refused to accept his challan; (4) the Respondent misbehaved with the checking officials.