DELHI TRANSPORT CORPORATION Vs. RAMESHWAR DAYAL

JUDGEMENT

(1.) The present Letters Patent Appeals (LPAs) are arising out of the Common Judgment passed in W.P.(C.) No.6347/2006 titled D.T.C. v. Rameshwar Dayal and another; and W.P.(C.) No.2631/2007 titled Rameshwar Dayal Thru L.R'S v. D.T.C.

(2.) The facts of the case reveal that one Rameshwar Dayal-who is represented by his Legal Representatives (LRs) as he was no more, was appointed as a Conductor on 7/1/1973 in the service of Delhi Transport Corporation (DTC). He was unauthorisedly absent from duty w.e.f. 31/3/1991 to 14/4/1991 (for a period of 15 days). The competent Disciplinary Authority-on account of his unauthorized absence, issued a Charge-sheet on 20/6/1991 and the deceased Employee was granted time to file reply within fifteen days. The deceased Employee did file a reply on 21/7/1991. The Disciplinary Authority-not being satisfied with the reply filed by the deceased Employee, appointed the Inquiry Officer and the Presenting Officer. The Inquiry Officer submitted the Report, dtd. 24/9/1991 and a copy of the said report was also served to the deceased Employee on 25/10/1991. The deceased Employee was inflicted the punishment of removal from service by Order, dtd. 17/1/1992.

(3.) The Appellant/DTC on 17/1/1992 preferred an Application under Sec. 33(2)(b) of the Industrial Disputes Act, 1947 (the Act) and the said application was rejected by the Labour Court on 24/2/2001.