DELHI TRANSPORT CORPORATION Vs. SARDAR SINGH

JUDGEMENT

(1.) This case was taken out for re-hearing at the request of the learned counsel appearing for the respondent workman Shri Sardar Singh. In fact, the judgment in this case was reserved on 9.12.2004 but on the request of counsel for the workman the case was taken up and further arguments have also been heard.

(2.) The Delhi Transport Corporation questions the correctness of the award dated 16.9.1999 passed by the Presiding Officer, Labour Court VIIIth, Delhi in I.D. No. 370 of 1997.

(3.) The Delhi Transport Corporation is a body corporate created under Section 3 of the Road Transport Corporation Act, 1950 read with the Delhi Transport Laws (Amendment) Act, 1971 having perpetual succession and common seal. The corporation is involved in providing transportation in Delhi. The workman Sardar Singh was appointed as a Conductor with the corporation on daily wages on 8.8.1978. The services of the workman was regularised on 9.3.1979. According to the management the workman was absent from duty for a period of 171 days without any information and appropriate sanction of leave from 1.11.1987 to 31.10.1988. However out of 171 days, 63 days leave was sanctioned and 15 days leave was rejected. There was no leave application for remaining 93 days. Treating this to be a misconduct within the regulation, particularly referring to para 4(II) and 19(h) of the standing orders governing the conduct of the DTC employees, a charge-sheet was served on 25.11.1998. On 28.11.1998 enquiry proceedings were initiated against the workman who denied the articles of charge and offered his defence. Upon conclusion of the departmental enquiry the enquiry officer gave his report on 27.12.1998 holding the articles of charge proved. Thereafter, after issuance of show cause notice he was dismissed from service vide order dated 6.7.1990 and was also paid one month's wages as per law. The corporation thereafter filed an application under Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the "Act") before the Industrial Tribunal, Delhi which as already noticed was rejected by the labour court. Against this order of the labour court DTC have come up in writ petition before the High Court and the writ was allowed. However, upon an appeal the Letters Patent Bench allowed the LPA and set aside the judgment of the learned single Judge. The judgment of the Division Bench was assailed in SLP before the Supreme Court which was finally disposed of by the Supreme Court along with other appeals vide judgment reported in JT 2004 (6) SC 342, Delhi Transport Corporation vs. Sardar Singh.