DTC Vs. RAJENDER KUMAR

JUDGEMENT

(1.) By virtue of this writ petition under Article 226 r/w Article 227 of the Constitution of India, the petitioner seeks quashing/setting aside of the impugned award dated 9th December, 2009 in ID No. 251/08/92 passed by the Presiding Officer, Labour Court, KKD Courts, Delhi.

(2.) The respondent (hereinafter referred to as 'the workman') was working as a sweeper/cleaner with the petitioner/Delhi Transport Corporation (hereinafter referred to as 'Corporation') since April, 1983. His services were terminated vide letter dated 6th July, 1990. As such, an industrial dispute was raised by him which was referred by the Govt. of NCT of Delhi to Labour Court vide reference No. F.24(938)/92-Lab./12378-83 dated 30th April, 1992 with following terms of reference:-

(3.) The workman filed a statement of claim alleging inter alia that he was working as a sweeper cleaner. He was given a charge sheet dated 29th November, 1988 on the ground that he was availing leave without wages. The workman replied the charges and explained that he submitted leave applications due to his own sickness and that of his son and wife during November, 1987 to October, 1988. Inquiry was held and the findings were in favour of the workman but management rejected the findings of the inquiry officer. Without giving any reasons, de novo enquiry was ordered. Thus, the second inquiry is illegal which held the workman guilty of the charges. He was removed from service by letter dated 6th July, 1990.