RANBIR SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) THE appellant was employed with the respondent. Vide order dated 14.01.1993, the respondent dismissed the appellant from service and remitted one month's wages to him. Since at the time the aforesaid order dated 14.01.1993 was passed, the appellant was concerned in an industrial dispute, which was pending adjudication, a petition under Section 33(2)(b) of Industrial Disputes Act was filed by the respondent, seeking approval to remove the appellant from service. On an industrial dispute being raised by the appellant with respect to his removal vide order dated 14.01.1993, the said dispute was referred to the Industrial Tribunal for adjudication. The Industrial Tribunal vide order dated 28.08.2002, dismissed the application filed by the respondent under Section 33(2)(b) of the Act. Vide subsequent order dated 01.10.2003, the said Tribunal answered the Reference in favour of the appellant and set aside the order, whereby he was dismissed from service. WP(C) No. 4848/2003 was filed by the respondent Delhi Transport Corporation, impugning the order dated 28.08.2002, whereby its application under Section 33(2)(b) of the Act was dismissed. Another Writ Petition being WP(C) No. 16034/2004 was filed by the respondent, impugning the Award dated 01.10.2003. Vide order dated 03.02.2005, the writ petition filed by the respondent, challenging the order dated 28.08.2002 was allowed and the matter was remitted back to the Tribunal for fresh decision on the said application. Vide order dated 16.07.2005, the Tribunal allowed the application filed by the respondent under Section 33(2)(b) of the Act, thereby granting requisite approval required under the said provision.

(2.) IN WP(C) No. 16034/2004, whereby the Award dated 01.10.2003 was challenged by the respondent, the learned Single Judge, on 25.04.2007, passed the following order: -

(3.) IT would be seen from a perusal of the above -referred order that the Award dated 01.10.2003 was not set aside by the learned Single Judge, who was of the view that in view of the order passed in WP(C) No. 4848/2003, nothing survived in the petition. In our view, irrespective of the order passed by this Court in WP(C) No. 4848/2003, which was concerned only with the correctness of the order dated 28.08.2002, rejecting the application under Section 33(2)(b) of the Act, the learned Single Judge should have decided the writ petition, whereby challenging the Award dated 01.10.2003 was challenged on the merit of the said petition. Be that as it may, the facts remains that the Award dated 01.10.2003 was not the subject matter of WP(C) No. 4848/2003, which was decided on 03.02.2005 and it was not set aside/quashed vide order dated 25.04.2007. Admittedly, the order passed on 25.04.2007 was not challenged by the respondent and consequently, the said order became final. As a result, the Award dated 01.10.2003 became enforceable.