D.T.C. Vs. PRITAM LAL

JUDGEMENT

(1.) In this case the petitioner has challenged the order of the industrial tribunal dated 11.11.1998. Vide this order the tribunal had permitted the petitioner to withdraw its approval application and dismiss the same as being withdrawn.

(2.) The brief facts of this case are that the respondent was employed as a Driver and a charge sheet was issued on 16.02.1993 on account of his alleged unauthorised absence from 03.03.1992 to 10.02.1993 and also of his alleged total absence for 461 days. A detailed enquiry was conducted. On 12.07.1993, on the basis of enquiry report a show cause notice was issued proposing the punishment of removal from service. Vide order dated 22.07.1994, the respondent was dismissed from service and he was allegedly paid one month notice pay. An application under Sec. 33 (2) (b) of the Industrial Tribunal Act (hereinafter referred to as the I.D.Act') being O.P.No.166 of 1994 was filed before the industrial tribunal. During the pendency of the said approval application the workman had also raised an industrial dispute bearing I.D.No.186/1995 before the labour court on a reference from the appropriate government dated 18.07.1995. On 09.06.1998, the labour court passed an ex-parte award. Thereafter on 02.10.1999 in execution proceedings of the industrial dispute award the accounts of the petitioner for an amount of Rs. 1,54,172.00 were attached.

(3.) The impugned order dated 11.11.1998 has been assailed on several grounds on merit including that the action of the petitioner was not tested on merit and the court had failed to appreciate that allowing the LCA application would tantamount to settling the wrong law especially in light of findings of the fact in favour of the management in LCA 91/2006. It is submitted that the impugned order cannot be sustained in the eye of law. It is further contended that it will unnecessarily burden the petitioner which is a public funded transport utility service provider and would adversely affect the financial health of the petitioner. It is prayed that the impugned order dated 11.11.1998 passed in O.P.166/1994 be set aside.