DTC Vs. SHYAM SUNDER

JUDGEMENT

(1.) The present writ petition under Articles 226 and 227 filed by Petitioner challenges the impugned award passed by the ld. Presiding Officer, Labour Court, Karkardooma Courts (hereinafter "Labour Court") dtd. 2/1/2010 in ID No. 285/08/98 titled Delhi Transport Corporation v. Shri Shyam Sunder. Vide the said award, the Labour Court reinstated the Respondent/ Workman (hereinafter 'Workman') and awarded him continuity of service along with Rs.80,000.00 with 12% interest from the date of the award till realization. The operative portion of the award reads as under:

(2.) A brief background of this case is that the Workman joined the Petitioner/Delhi Transport Corporation (hereinafter "Corporation") as a Conductor on 10/5/1984. There were various complaints against the Workman which is reflected in the past conduct statement which has been placed on record. However, in so far as the present case is concerned, the case set up by the Corporation against the Workman is that on 2/11/1989, the Workman issued an old ticket bearing no. 199-27017 to a passenger- Mr. Balwant Singh, in lieu of the prescribed fare of Rs. 0.50, which was not matching with the series of unpunched tickets that were in his custody. He was also found to be in possession of excess cash amounting to Rs.5.70. When the Ticket Inspector raided the bus and realised that a false ticket had been issued to the Passenger, the statement of the Passenger and the Workman was recorded by a member of the checking staff, namely, ATI - Mr. Tej Bhan and their signatures were appended on the statement. According to the Corporation's case, upon being confronted in the Passenger's presence, the Workman admitted to have committed the mistake of having issued an old ticket to the passenger after picking up the same from the floor of the bus.

(3.) A copy of the checking report bearing No. 039246 dtd. 2/11/1989 was filed by the ATI Mr. Tej Bhan. The ATI filed a challan along with statements. A charge sheet was issued to the Workman on 17/11/1989 under the Road Transport Corporation Act 1950 read with the Delhi Transport Amendment Act 1971. The Workman in his reply dtd. 24/11/1989 to the chargesheet denied all the allegations levelled against him. The charge sheet having been issued, enquiry proceedings commenced against the Workman on 19/12/1989. A copy of the ticket was also annexed with the charge sheet. In the enquiry proceedings, the concerned ATI, Mr. Tej Bhan appeared and his statement was recorded. He was also cross-examined by the Workman. The Workman chose not to present himself for any statement or for cross-examination in the enquiry proceedings. He also made a statement that he does not wish to record the statement of any other members of the checking staff. During the enquiry proceedings, the Workman did not produce any witness in his defence. He however claimed that the concerned Passenger ought to be called. The said Passenger, however, did not appear before the enquiry officer. The enquiry report held that the charges against the workman were proved. The enquiry on 30/1/1990 concluded that the statement, the old ticket bearing no. 199-27017, and the unpunched ticket no. 899-32302 bears the signature of the Workman and accordingly he was terminated on 3/5/1990.