DTC Vs. HANUMANT KUMAR

JUDGEMENT

(1.) THE petitioner/DTC has preferred the present writ petition under Article 226 of the Constitution of India to assail the order dated 28.10.2009 passed by the Labour Court holding that the inquiry conducted by the petitioner against the respondent/workman was not just fair and proper. The petitioner also assails the award dated 03.06.2010 passed by the Labour Court in ID No.155/2007 arising out of reference no.F-24(892)/06 Lab/2626-30 dated 01.10.2007 made by the appropriate government, which reads as follows:

(2.) THE respondent/workman claimed that he had been serving the petitioner as a driver since 1988. He was served with a charge sheet dated 06.05.2004 for unauthorised absence of 385 days between 27.02.2003 to 17.03.2004. The petitioner conducted an inquiry and the inquiry report found the respondent guilty of misconduct of unauthorised absence. Consequently, the respondent was removed from service with immediate effect under clause 15(2)(vi) of the DRTA (Conditions of Appointment and Service) Regulations, 1952 on 06.09.2004.

(3.) THE Labour Court observes that during the cross examination of the respondent, he admitted having received the charge sheet and having replied to the same. He also admitted that he had signed the inquiry proceedings which were Exh. WW1/M1, and that no force or pressure had been used against him. He admitted to have participated in the inquiry proceedings. The inquiry proceedings were proved on record by the petitioners witness Ramesh Singh, MW-1 as having been conducted in accordance with the principles of natural justice by the Inquiry Officer Sh S. Jakob.