LAWS(DLH)-1972-12-17

DELHI TRANSPORT CORPORATION Vs. DELHI ADMINISTRATION

Decided On December 15, 1972
DEIHI TRANSPOKT CORPORATION Appellant
V/S
DELHI ADMINISTRATION Respondents

JUDGEMENT

(1.) The award of the Labour Court (Respondent 2) on a reference under section 1,0(1) of the Industrial Disputes Act, 1947 made by the Delhi Administration (Respondent No.1) directing the reinstatement of Sadhu Ram (Respondent No. 3) is under attack in this writ petition filed by the petitioner employer.

(2.) Sadhu Ram was a probationer bus conductor whose services were terminated on 7-9-1967 in accordance with his contract of service and the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952 which continued to be in force under the Delhi Municipal Corporation Act, 1957 under which the employer could terminate his services without notice and without assigning any reasons. But on 23-4-1966 Sadhu Ram had lost 50 bus tickets. On 24-9-1^66 he was served with a chargesheet. On 21-8-1967 he was informed that the inquiry against him would take place on 8-9-1967. No occasion for holding the inquiry arose, however, because of the above-mentioned termination of services.

(3.) Sadhu Ram did not approach the Government directly for making any reference of any industrial dispute between him and the petitioner. During the conciliation proceedings held on 14-4-1969, the question whether he had made a demand on the petitioner for his reinstatement was neither raised nor discussed nor decided. The following reference by the Delhi Administration was made on 17-11-1970 on the report of the Conciliation Officer under section 12(5) of the Industrial Disputes Act, 1947-