BIKRAM SINGH Vs. DELHI TRANSPORT

JUDGEMENT

(1.) Delhi Transport Corporation ("DTC") in W.P(C) No.19645/2005 is assailing the orders dtd. 6/3/1999 and 9/4/2002 passed by the Industrial Tribunal-II in O.P. No.422/1993 titled as "Delhi Transport Corporation Vs Bikram Singh" ("impugned orders"). Vide the impugned order dtd. 6/3/1999, the learned Labour Court was pleased to hold that the domestic enquiry conducted by the DTC was vitiated whereas vide the impugned order dtd. 9/4/2002, the learned Labour Court refused to grant approval to the DTC for the removal of the respondent Shri Bikram Singh ("workman") from the service as the DTC failed to establish the commission of alleged misconduct by the workman.

(2.) In W.P(C) No. 14715/2004, the workman is assailing the action of the DTC in not taking him back in service despite the order dtd. 9/4/2002 of the learned Labour Court rejecting the approval application filed by the DTC under Sec. 33(2)(b) of the Industrial Disputes Act,1947 ("the Act") for removing the workman from the service. The Workman is seeking a direction against the DTC for reinstating him back with full back wages and continuity of service with all consequential benefits.

(3.) Since both the Writ Petitions are arising out from the order dtd. 9/4/2002 of the learned Labour Court in O.P. No.422/1993, both these Petitions were taken up together for disposal. Brief facts leading to the present Writ Petition are as follows: