LAWS(DLH)-2015-10-81

DELHI TRANSPORT CORPORATION Vs. SUNIL KUMAR

Decided On October 15, 2015
DELHI TRANSPORT CORPORATION Appellant
V/S
SUNIL KUMAR Respondents

JUDGEMENT

(1.) Challenge in this writ petition is to the award dated 15.02.2011 passed by learned Presiding Officer, Labour Court, Karkardooma Courts in ID 627/96/2010 whereby the termination of the respondent (hereinafter referred as "workman") was held to be illegal. He was directed to be reinstated in job and granted full backwages from the date of his removal i.e., 30.06.1995 till his reinstatement in job with continuity of service.

(2.) The facts leading to the passing of the impugned award are that the workman Sunil Kumar was employed with petitioner-Delhi Transport Corporation as a conductor. On 31.12.1993 he was on duty on a bus route Delhi-Kanpur when the bus was intercepted by a team of checking officials and he was challaned on the allegations that ten passengers had given Rs.5/- each to him but the tickets were not issued. The workman claimed that the passengers did not pay him the fare. On the basis of report of the checking staff, a chargesheet dated 19.01.1994 was issued to the respondent charging him with misconduct within the meaning of Para 15(2) of DRTA (Conditions of Appointment of Service) Regulation, 1952.

(3.) The chargesheet issued to the respondent-workman reads as under: