MAHESH CHAND Vs. DTC

JUDGEMENT

(1.) By the present petition the Petitioner lays a challenge to the order dated 15 th January, 2008 passed by the Presiding Officer, Labour Court holding that the inquiry was fair and legal and the award dated 27 th March, 2008 holding that the termination of the Petitioner was not illegal or unjustified thus no relief was granted to the Petitioner.

(2.) Learned counsel for the Petitioner contends that the Petitioner was charge sheeted for being absent from 1 st August, 1994 to 15 th August, 1994.

(3.) Learned counsel for the Respondent on the other hand states that the medical certificates relied upon by the Petitioner were neither of the relevant dates nor showed any ailment. Reliance is placed on DTC vs. Sardar Singh, 2004 6 Scale 613 to contend that even if it has been held to be leave without pay, still it would amount to unauthorized absence and misconduct on the basis of which the workman can be terminated. Reliance is placed on State of Haryana vs. Rattan Singh, 1977 AIR(SC) 1512 to contend that a domestic inquiry can take into consideration all material which are logically probative for a prudent mind and there is no allergy to hearsay evidence provided it has reasonable nexus and credibility. There is no illegality in the inquiry conducted hence the writ petition be dismissed.