DELHI TRANSPORT CORPORATION Vs. RAJBIR SINGH

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India petitioner-management has challenged the Award dated 5th April, 2010 passed by the Labour Court, XVII whereby petitioner has been directed to reinstate the respondent-workman with continuity of service on the same post without back wages and to pay Rs. 30,000/- as compensation.

(2.) Factual matrix, as emerges from the record, is that respondent was working with the petitioner as a Conductor. He was on duty on bus number 9674 on 26th August, 1992 when checking squad found two passengers travelling without ticket. On enquiry they informed the checking squad that conductor had charged Rs.2/- from them towards fare from Bhogal to Ashram but had not issued the tickets. When respondent was confronted with the above statement he gave two unpunched tickets bearing nos. 90289 and 90290 of Rs.4/- each. Shri Ramesh Chand, one of the members of checking squad recorded statements of passengers. Respondent refused to sign the statement though he signed the challan. He quarreled with one of the members of the checking squad. The said bus was a green line bus and the fair between Bhogal to Ashram was Rs.4/- per passenger; whereas normal fare of DTC buses was Rs.1/- for the same route. The passengers paid the balance payment before unpunched tickets were issued by the respondent in presence of the members of the checking squad. Charge-sheet Ex. WW1/1 was issued to respondent who denied the charges. Thereafter, a domestic enquiry was held. Initially respondent did participate in the enquiry but subsequently on 26th April, 1993 he declined to co-operate and left the enquiry proceedings, accordingly, enquiry was conducted in his absence. Enquiry Officer gave his report and concluded that charges were proved.

(3.) Disciplinary Authority issued show cause notice to respondent which was not replied. Disciplinary Authority examined the material on record and passed the order of removal of petitioner from service on 27th October, 1994.