DELHI TRANSPORT CORPORATION Vs. NAIN SINGH

JUDGEMENT

(1.) THE petitioner - Delhi Transport Corporation (hereinafter referred to as 'the Corporation') challenges the impugned order dated 01.07.2009 whereby the issue regarding domestic enquiry was decided against the corporation and award dated 02.01.2010 passed by the Presiding Officer, Labour Court, Karkardooma Courts, Delhi in ID No. 170/08/95 whereby the removal of the workman from service was held to be unjustified. Consequently, he was directed to be reinstated with continuity of service. A lumpsum compensation of Rs. 1 lac was also awarded to the workman towards back -wages and litigation expenses.

(2.) THE respondent (hereinafter referred to as 'the workman') was employed as a conductor with the Corporation in the year 1980. On 10.07.1987, he was served with a charge -sheet for misconduct as described under Rule 19 (h) and (m) of the Standing Orders for obtaining leave without pay for 34 days. After conducting an enquiry he was removed from his service.

(3.) A claim was filed by the workman alleging inter alia that the enquiry was perverse and he was removed on the basis of findings of the Enquiry Officer which was passed by an incompetent authority. The leave without pay is not misconduct. The claim of the workman was resisted by the corporation on the ground that the workman was absent from duty for 34 days without intimation and prior permission. Though the workman denied the charges, the enquiry was conducted in which all the principles of natural justice were followed.