RAM KUSHAN Vs. SECRETARY LABOUR DELHI ADMINISTRATION

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India seeks a Writ of mandamus to be issued by directing the appropriate Government to re-consider its decision in the light of provisions of Section 11 A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') and to make a reference of the dispute to the Labour Court. This relief is sought after quashing the order of the Secretary (Labour) Delhi Administration, Delhi, dated 20th February, 1981, whereby the Delhi Administration did consider the disputes between Shri Ram Kishan (petitioner herein) and the Management of the Delhi Transport Corporation (respondent No. 2) as not fit one for reference to the Industrial Tribunal/ Labour Court for adjudication and a subsequent order dated 20th September, 1983 staling that the Government "found no ground which may warrant review of its earlier for decision dated 20th September, 1983 stating that the Government found no the reason given for not considering the disputes fit one for reference for adjudication was. "That the punishment awarded by the management for the misconduct duly proved through an enquiry appears to be justified".

(2.) The petitioner, Ram Kishan was served with a charge sheet dated 31st March, 1975 on the basis of checking report No. 7308 dated 23rd February, 1975 in relation to Bus No. 1737, route No. 47 of two A.T.Is., Shri Ram Parkash and Sh. B. N. Bhalla, which read as under :

(3.) The charge-sheet required the petitioner. Ram Kishan to explain why the disciplinary action under Clause 15(2) of the D.R.T.A. (Conditions of Appointment & Service) Regulations, 1952, read with Delhi Road Transport Laws (Amendment) Act, 1971 should not be taken against him for the following irregularities: