DELHI TRANSPORT CORPORATION Vs. RAJINDER SINGH

JUDGEMENT

(1.) THE present petitioner, i.e., Delhi Transport Corporation (hereinafter referred to as the 'petitioner -management') has preferred the present Writ Petition under Articles 226 and 227 of the Constitution of India assailing the validity of order dated 15.09.2003 passed by the Presiding Officer, Industrial Tribunal No. III, Delhi (hereinafter referred to as the 'learned Tribunal/Industrial Adjudicator'), in O.P. No. 16/06, wherein the learned Tribunal dismissed the approval -application made by the present petitioner under Section 33(2) (b) of the Industrial Disputes Act, 1947.

(2.) THE brief facts stated are that as per the allegations of the petitioner -management, the respondent -workman, i.e., Shri Rajinder Singh, on 08.03.1988, was found misconducting himself, while on duty as conductor in Bus No. 1050 at Route No. 082, by non -issuance of tickets, keeping with him used and unauthorised tickets, and offering illegal gratification of Rs. 10/ - each to the checking officials.

(3.) INDIA , being a welfare state, the legislature created a mechanism to promote a better relationship between the workmen and management to promote industrial peace and harmony to achieve higher productivity through the enactment of the Industrial Disputes Act, 1947. The anxiety of the legislature was to give protection to the workman against victimisation or unfair labour practices with the preservation of employer's bonafide right to maintain discipline and efficiency in the industry. Section 33(2) (b) of the aforesaid Act puts the condition on the management to get their action against the workman approved by the Industrial Adjudicator to avoid unnecessary dispute or multiplicity of litigation between the parties in presence of the already pending dispute between the parties before the Industrial Adjudicator.