PRADEEP KUMAR Vs. M C D

JUDGEMENT

(1.) With the consent of both the parties, this matter is taken up and disposed of at the admission stage itself.

(2.) In the present petition, the petitioner has sought a declaration to the effect that the order dated 20.4.2005, passed by the Presiding Officer, Industrial Tribunal in ID No.16/1999 is illegal and contrary to the provisions of law. The brief facts, which are relevant for deciding the present petition are that the petitioner workman joined the service of the respondent MCD as Lower Division Clerk (LDC) on 3.10.1981. In 1987, a charge sheet was issued against the petitioner. Pursuant thereto, an Enquiry Officer was appointed, who submitted an enquiry report to the Disciplinary Authority in 1988, wherein it was held that the charges against the petitioner to the effect that he had remained absent from duty unauthorizedly and had made interpolation in the office attendance register, stood proved. Thereafter a penalty of stoppage of two increments with future effect was imposed against the petitioner on 5.12.1990.

(3.) After over a period of two years, in March, 1993, the petitioner served a demand notice on the respondent. Thereafter, as the conciliation proceedings failed, an industrial dispute was raised by the petitioner. The appropriate Government referred the same to the Industrial Tribunal II, vide its order of reference dated 26.7.1995. The terms of reference framed as below:-