DELHI TRANSPORT CORPORATION Vs. ISHWAR SINGH

JUDGEMENT

(1.) By this writ petition the petitioner has challenged the validity of award dated 28.7.2003 whereby the application made by the petitioner under section 33 (2)(b) of Industrial Dispute Act (for short 'the Act') seeking approval of dismissal of respondent, was rejected.

(2.) Briefly the facts are that respondent was working as a Conductor. The bus on which he was on duty, was checked on 17.9.1992 and a group of three passengers who alighted the bus, told that they had paid Rs.2/- each but Conductor issued tickets of Rs.1/- each numbered 07001 to 07003. The checking staff recorded statements of the passengers and confronted the Conductor with their statements and tickets received from the passengers. Conductor made a statement that he committed the mistake by issuing a ticket of Rs.1/- against receiving Rs.2/-. However, he stated that this happened due to rush of passengers. The bus was handed over to another Conductor and respondent-conductor was challaned and later on charge sheeted. Domestic enquiry was conducted and Enquiry Officer found all the charges proved against the respondent-conductor. The Conductor was dismissed from service by disciplinary authority. An application under section 33 (2) (b) was made. The Industrial Tribunal framed a preliminary issue: 'Whether the petitioner had a legal and valid enquiry against the respondent"' The preliminary issue, was decided against the petitioner holding as under:-

(3.) After holding so, opportunity was given to the petitioner to lead evidence to prove misconduct and thereafter the evidence was recorded. Petitioner produced the enquiry report, challan, way bill, passenger statement recorded by the Inspector and also examined the checking staff. Respondent examined himself and denied the allegations. The Industrial Tribunal observed as under:-