D T C Vs. ISHWAR SINGH

JUDGEMENT

(1.) . Rule. Pleadings are complete. The writ petition is taken up today for hearing.

(2.) . This writ petition challenges Order dated 23rd May, 2003, passed by the Presiding Officer, Industrial Tribunal-II, Karkardooma Courts, Delhi.

(3.) The only ground on which the issue No.2 was decided against the petitioner DTC was non-examination of ticketless passenger travellers. The position of law on this issue is well settled. It is surprising that in spite of the settled position of law laid down by the Hon'ble Supreme Court in State of Haryana Vs Rattan Singh reported as (1977) 2 SCC 491 wherein it has been held that non-examination of ticketless passengers should not be a ground for setting aside the domestic enquiry, the counsel for DTC do not cite this and other relevant judgments before the Tribunal. A learned Single Judge of this Court, Madan Lokur J., in an exhaustive judgment reported in Delhi Transport Corporation Vs N.L. Kakkar & Another 110(2004) DLT 493 summarized the position of law by referring to the following judgments:- (a) State of Haryana Vs Ram Chander 1976 (2) SLR 690 (b) State of Haryana Vs Rattan Singh (1977) 2 SCC 491 (c) Delhi Transport Corporation Vs Presiding Officer, Additional Industrial Tribunal, XVI (1979) DLT 220 I respectfully concur with and an indeed bound by the position of law summed up by the learned Single Judge in DTC Vs N.L. Kakkar's case (supra).