DELHI TRANSPORT CORPORATION Vs. JASMER SINGH

JUDGEMENT

(1.) Rule. Pleadings are complete. With the consent of the counsel for the parties, the writ petition is taken up today for hearing.

(2.) This writ petition challenges the Order dated 8th October, 2002, passed in O.P.No.107 of 1992 by the Presiding Officer, Industrial Tribunal-II, Karkardooma Courts, Delhi(hereinafter referred to as the 'Tribunal') in an application under Section 33(2)(b) of the INDUSTRIAL DISPUTES ACT, 1947(hereinafter referred to as the 'ID Act') by the petitioner/DTC seeking approval of the action for the removal of the respondent from service.

(3.) The charge related to non-issue of tickets to the passenger after collecting the tendered fare. The order finds against DTC and refuses permission for approval on the failure of the petitioner/DTC to produce before the Tribunal, the passengers, who paid the fare but were not issued tickets. The non-production of passengers is not a ground for setting aside the order of removal against the conductor, i.e., the respondent herein as laid down by the Hon'ble Supreme Court in the State of Haryana Vs Rattan Singh reported as (1977) 2 SCC 491 and by this Court in Delhi Transport Corporation Vs N.L. Kakkar & Another 110(2004) DLT 493.