DARSHAN SINGH Vs. DTC

JUDGEMENT

(1.) The Government of NCT of Delhi issued a Notification no.F.24(3612)/98. LAB31057-62 dated 17th August, 1990 whereby the following dispute was referred to the Labour Court for adjudication:-

(2.) This reference had arisen from a complaint by the petitioner that he had joined Delhi Transport Corporation(hereinafter referred to as the 'DTC'), the respondent herein, as a driver with effect from 19th January, 1981. He contended that he worked as such till 7th March, 1988 when he had fallen sick. He had sent his leave application through a colleague and a medical certificate by registered post. He remained confined to bed till 7th April, 1988 and when he reported for duty on recovery, he was not allowed to resume his duties.

(3.) On a presumption that the petitioner has participated in a strike seeking enforcement of the fourth pay commission to the employees of the DTC, the respondent terminated his services vide an order dated 23rd March, 1988. These orders were challenged by the workman who claimed that his termination was illegal and the order was passed in violation of the principles of natural justice. No enquiry was conducted by the DTC before dispensing with his service. The demand notice served by him upon the DTC did not result in any favorable consideration. As a consequence the petitioner was left with no option but to seek the afore stated reference. In the industrial adjudication, the petitioner prayed for reinstatement into service with full back wages and continuity of service.