D.T.C. Vs. AMARJEET SINGH

JUDGEMENT

(1.) The present writ petition is filed seeking to quash the impugned order dated 18.03.2002 passed by the Industrial Tribunal dismissing the petition of the petitioner under Section 33(2)(b) of the Industrial Disputes Act, 1947 by which petition the petitioner sought approval for its directions for removal of the respondent from service.

(2.) The basic facts which lead to filing of the present petition are that the respondent was employed as a Conductor by the petitioner. On 04.05.1989 the respondent was performing his duty as a Conductor on the route of New Delhi-Bulandshahr. Members of the Ticket Checking Staff of the petitioner inspected the Bus. It was found that two passengers were travelling in the Bus on the tickets of less denomination of Rs.2.50/- each valid from Sikandrabad to Dadri. These two passengers had boarded the Bus at Sikandrabad for going to Ghaziabad. The two passengers told the Checking Staff that they had paid fare charges of Rs.5.00/- per ticket to the Conductor whereas they were issued tickets only of the denomination of Rs.2.50. On the basis of the report of the Checking Staff, the Manager of the concerned Depot i.e. BBM Depot, issued charge-sheet dated 15.05.1989 to the respondent for causing financial losses to the employer and for committing irregularity and misconduct within the meaning of Executive Instructions regarding the duties of a Conductor and the Standing Orders governing the conduct of DTC employees. An enquiry was conducted into the charges. The Enquiry Officer found the charges proved. The Manager, BBM Depot acted as the Disciplinary Authority and issued a show cause notice on 25.07.1989 to the respondent with proposed punishment of removal from service. The Disciplinary Authority passed the order to confirm punishment of removal from service of the respondent on 29.05.1990 and on the same day remitted one month's salary by way of Money Order and an appropriate petition under Section 33(2)(b) of the Industrial Disputes Act was also filed before the Industrial Tribunal.

(3.) The Industrial Tribunal framed a preliminary issue on 06.03.1991 which reads as under:-