DELHI TRANSPORT CORPORATION Vs. OM KANWAR

JUDGEMENT

(1.) Vide the present petition, the petitioner has assailed the award dated 29.08.2009 passed by the learned Tribunal in O.P. No. 219/1994, whereby the application filed by the petitioner under Section 33(2)(b) of the Industrial Disputes Act, 1948 (for short "ID Act"), has been dismissed.

(2.) On the basis of the pleadings, the Tribunal framed the following issues:

(3.) Mr. Karunesh Tandon, learned counsel for the petitioner submitted that the petitioner Management/Delhi Transport Corporation (for short "DTC") had filed an application under Section 33(2)(b) ID Act, whereby sought approval of its action in removing the workman from service. Therefore, the learned Tribunal ought to have seen the enquiry conducted by the Enquiry Officer and whether the enquiry was legally conducted; however, the Tribunal has gone beyond its jurisdiction by examining the witnesses. The case of the workman/respondent was that while conducting the enquiry, Principles of Natural Justice have been violated. Copies of documents were allegedly not supplied to the workman; he was afforded no opportunity to cross-examine and to produce his defence witnesses; he also alleged that neither list of witnesses nor copies of documents were supplied to the workman during the course of the enquiry. The workman was not afforded any opportunity of being heard nor was the counsel allowed to cross-examine the Management witnesses. The Enquiry Officer had allegedly recorded the enquiry proceedings incorrectly. Further alleged that the passenger examined in the enquiry, supported the workman, however, the same was not considered by the Tribunal. It is claimed by the workman that he had not committed any misconduct within the meaning of Para 19(b) & (h) of the Standing Orders.