DAYAL SINGH Vs. D.T.C

JUDGEMENT

(1.) By the present petition, the petitioner seeks the setting aside the order of removal dated 21.10.1994 issued by the respondent employer, and the award dated 16.09.1996 passed by the Labour Court, Fast Track-XXI, Karkardooma Courts, Delhi on the reference made by the Appropriate Government with regard to the petitioner's removal from service. The Labour Court has held the petitioner's removal from service as legal and justified.

(2.) The petitioner was appointed as a bus conductor by the Respondent and was confirmed on successful completion of probationary period w.e.f. 03.09.1986. The petitioner was on duty on interstate bus route from All India Institute of Medical Sciences, New Delhi to Faridabad on bus no. DLP.9809. The said bus was checked by the checking staff of DTC on 26.04.1993 at 12:30 hours at Ajronda Mor. On the basis of the said check, the petitioner was charge-sheeted on 14.05.1993 on the allegation that the petitioner did not issue tickets to 4 passengers despite collecting fare from them. A domestic inquiry followed, which found him guilty of misconduct.

(3.) The petitioner raised an industrial dispute which was referred to the Labour Court for adjudication. The following preliminary issue was framed on 07.12.1997: