BIJENDER SINGH Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) By way of the present petition the petitioner assails the order dated 22.12.2011 passed by learned Additional District & Sessions Judge, Presiding Officer, Labour Court, Karkardooma Courts, Delhi in I.D. No.124/2005 whereby both the issues framed before the learned trial court were decided against the workmen/petitioner and he was held not entitled to any relief.

(2.) In a nutshell the facts of the present case are that the petitioner was appointed to the post of driver w.e.f. 06.07.1999 with the respondent authority on the basis of driving license bearing number 14692/LA/UNA/HP issued by R.T.A., Una, Himachal Pradesh and the said driving license was renewed by DRTA, District Karnal (Haryana), LA(RTA), Gurgaon, District (HR), Sonepat LA(RTA) and finally by LA(RTA), Gurgaon, District Haryana on 13.01.2003. On 08.01.2002, the respondent issued instructions in reference of false report regarding the license enquiry to all the DTO and GM of Haryana Roadways vide his letter No.6685/II dated 08.01.2002. Pursuant to the said instructions, a letter dated 05.12.2002 was addressed by General Manager, Haryana Roadways to the Secretary, Regional Transport Authority, Una (Himachal Pradesh) requesting the verification and truthfulness of the license of the petitioner and one Rajinder Singh. The Registering and Licencing Authority, Una (HP) in return replied by stating that licences bearing numbers DL No.31470/86/LA/Una and 14692/LA/Una/HP were not issued from their office. It was further stated by the authorities at Una in their reply that the said driving licenses seem to be "illegal/ fake".

(3.) Thereafter, vide order dated 23.07.2003 the services of the petitioner was terminated by the General Manager, Haryana Roadways, Delhi. On 02.08.2003, the petitioner filed an appeal before the Transport Commissioner, Chandigarh, Haryana against the said order of termination. The petitioner also sent a legal notice dated 17.01.2004 to the respondent challenging his termination and praying for reinstatement with all benefits. Vide order dated 9.06.2004 the appeal of the petitioner was rejected. Against the said order the petitioner approached the learned Labour Court. In the said industrial dispute an award dated 25.04.2006 was passed granting the petitioner the relief of reinstatement with continuity of service along with 50% back wages and all other benefits. The respondent filed a writ petition bearing W.P.(C) No.3023/2007 against the said award and the petitioner filed W.P.(C) No.8158/2007 for its implementation.