DELHI TRANSPORT CORPORATION Vs. VIJAY KUMAR

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of award dated 26th October, 1998 passed by the Labour Court No.4, whereby the petitioner was directed to reinstate the workman with full back wages and continuity of service till he attains the age of superannuation.

(2.) Briefly, the facts are that the workman was working as a Assistant Electrician with the petitioner and was posted at Wazirpur Depot No.1. On 29.7.1988, the Regional Manager(Tech.) North paid a visit to the Depot and took a round accompanied by Assistant Engineering Ram Swroop, Foreman Mr. O.P. Katyal and Assistant Foreman Mr. K. Singh. The Regional Manager found respondent Vijay Kumar sleeping on a bench during duty hours. When he asked him as to why he was sleeping, in spite of the tea time having come to an end, respondent Vijay Kumar misbehaved with the Regional Manager Mr. G.C. Dubey and used filthy language. He also moved forward to commit physical assault against the Regional Manager who was saved by the accompanied staff. He was placed under suspension on 30.7.1988 and a charge sheet was served upon him for the misconduct to the following effect:

(3.) After the charge sheet, an enquiry was conducted into the misconduct and he was found guilty of the misconduct and an order of removal from service was passed by the disciplinary authority on 13th December, 1988. The respondent challenged the removal from service and following dispute was referred for adjudication to the Labour Court: