SURESH CHAND Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of award dated 17.4.2006, passed by the Labour Court XIX, Delhi, whereby the reference was answered against the petitioner.

(2.) Briefly the facts are that on 28th October, 1994, the petitioner was working as a driver with the respondent. He was caught red-handed at ISBT, selling stolen tickets of DTC in bus number 9525. He was caught and handed over to the police and an FIR was registered against him under Section 420 of the Indian Penal Code at Police Station Kashmiri Gate. The DTC dismissed the workman after disciplinary proceedings on 3.12.1998. A criminal case was also registered against the petitioner about cheating and the petitioner was acquitted in the criminal case by the order of Metropolitan Magistrate on 14.2.2002. After his acquittal, the petitioner served a demand notice dated 18.3.2002 on the respondent DTC seeking reinstatement with full back wages. On receiving no response he raised an industrial dispute which was referred for adjudication to the Labour Court in following terms:

(3.) The Labour Court, after pleadings of the parties, framed following issues: