RAJBIR SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) Aggrieved by the order dated October 11, 2013 allowing writ petition filed by the Respondent Delhi Transport Corporation (DTC) setting aside the award dated April 05, 2011 passed by the learned Labour Court directing reinstatement of the Appellant with continuity of the service on the same post without back wages and a compensation of Rs. 30,000/-, Rajbir Singh prefers the present appeal.

(2.) A brief exposition of facts is that while Rajbir Singh was working as a Conductor with DTC on August 26, 1992 the Checking Squad found two passengers without ticket. The Squad was informed that the Conductor had charged '2/- towards the fare from Bhogal to Ashram but had not issued tickets. On being confronted Rajbir Singh gave two unpunched tickets bearing Nos.90289 and 90290 of '4/- each. Statements of passengers of the bus were duly recorded. Since the bus was green line bus the fare from Bhogal to Ashram was '4/- per passenger. A domestic inquiry was held wherein Rajbir Singh did not co-operate and left the proceedings and thus the same was conducted in his absence. The charges were held to be proved and the Disciplinary Authority directed removal of Rajbir Singh from services on October 27, 1994.

(3.) The claim of Rajbir Singh before the learned Labour Court was that he was beaten by the Checking Squad and he filed a complaint in this regard but to no effect. He was neither supplied the list of witnesses nor the documents and was proceeded ex-parte and no opportunity to defend was granted to him. It was further urged that the passengers were not examined during the inquiry and the punishment was disproportionate. The learned Labour Court after examining the parties passed the award dated April 05, 2010.