DELHI TRANSPORT CORPORATION Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The present petition has been filed for issuance of a writ of certiorari or any other writ or order or direction for quashing the orders dated April 1, 1989 and May 17, 1982 passed by Shri B.B.L.Hajelay, Presiding Officer, Industrial Tribunal No. 1, Delhi and Shri O.P.SingIa, Industrial Tribunal, Delhi respectively. These orders are filed as Annexures P-1 and P-2 to the writ petition.

(2.) The petitioner applied to the Additional Industrial Tribunal, Delhi for approval of their action under Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') of removing the workman, respondent no. 3 herein, for proved misconduct in respect of unauthorised driving of bus No. DLP 1867 at 23.10 hours on 10.12.72 and for causing damage to the above said bus and a wall hy rash driving. He was suspended in respect of this charge w.e.f. 3rd January, 1973. The petitioner management pleaded that the approval was sought on account of pendency of industrial dispute between the management and the workmen and that the action was taken after the proper charge-sheet and enquiry. The said respondent Prem Shankar objected to the approval being granted and asserted that on that day after inshedding his bus DLP 1105 at Kalkaji Depot at 21.10 hours he left for his residence and at 23.15 hours he was not there and the said bus was in the charge of one Shri Jage Ram driver and Shri Jage Ram was on duty in that bus and, therefore, he was responsible for the safety of the bus in his charge. Shri Jage Ram had no authority to. hand over his bus to any other person and it was Shri Jage Ram's duty to get mobil oil filled in his bus and he did not do his duty and there was no explanation why he did not do that and if any accident had occurred it was Shri Jage Ram and he alone was answerable.

(3.) The respondent was served with the charge sheet on 11.1.73 with the following charges: