DELHI TRANSPORT CORPORATION Vs. JAIPAL SINGH

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of award dated 19.1.2004 whereby the Labour Court held that the domestic inquiry conducted against the workman was violative of principles of natural justice and directed the reinstatement of the workman with full back wages.

(2.) Briefly, the facts are that the respondent No.1 was working as a conductor and was on duty on bus No. 9011 from Talwara to Delhi on 22.3.1990. At about 7.20 am, the bus was checked at Mukeria Pur by the checking staff. Three persons were caught alighting from the bus without tickets. They stated that they had paid Rs.2/- each to the respondent who did not issue the tickets. Further checking of bus revealed that nine passengers who were traveling from Talwara to Delhi had paid Rs.61 each to the respondent, who did not issue tickets. Two passengers were traveling from Talwara to Dasua and had paid Rs.4.70 to the respondent, but were not given tickets. One passenger had boarded the bus from Hajipur to Hayana and paid Rs.7/- and was not issued ticket. One passenger had boarded the bus from Talwara to Hoshiarpur and paid Rs.11/- and was not issued ticket by the respondent. There were two passengers who were traveling from Hajipur to Hoshiarpur and paid Rs.9 each to the respondent and were not given tickets. Unpunched tickets of all the above denomination were taken from the respondent and were attached to challan. The way bill of the respondent was found empty. It is alleged that the respondent did not allow the statements of passengers to be recorded and rather incited the passengers against the checking staff. He did not hand over the complaint book to the checking staff for making entry into it of the results of checking. However, he later on asked some of the passengers to write their statements in the complaint book. On 23.3.1990, the respondent wrote a letter to Depot Manager about the checking and stated that his bus was not completed when it was checked as he was on Talwara duty for the first time. The fare table was big and the tickets were blank. There were more passengers in the bus. The checking staff wrongly challaned him. On the basis of report of checking staff, a chargesheet dated 18.4.1990 was issued to the respondent. The respondent denied the charges. An inquiry was got conducted by the petitioner into the charges. The inquiry officer submitted its report on 30.7.1990 holding the respondent guilty of charges levelled against him. A show cause notice was issued to the respondent as to why he be not removed from service from Corporation vide letter dated 29.11.1990. Considering the reply of the respondent and considering his past record, the respondent was removed from service.

(3.) The past record of the respondent showed that he collected Rs.49/- instead of Rs.47.50 from the passenger from Delhi to Amritsar on 1.1.1989. He was placed under suspension. On 13.4.1989, on checking, it was found that he had issued unpunched tickets to the passengers. He was given penalty of stopping of two increments. On next checking, i.e. 2.1.1989, four passengers were caught without tickets alighting from bus when he was on duty and he was put under suspension on 12.9.1989. On 18.10.89, as a penalty, his basic pay was reduced to the initial stage of pay scale. The present incidence was another in the series. He was dismissed from service after enquiry on 21.11.1990. He did not raise any dispute for four and a half years about his removal and after four and half years, he raised an industrial dispute which was referred to the Labour Court in following terms: