PREM SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) By this writ petition the petitioner has challenged the validity of order dated 28.2.2005 passed by the Industrial Tribunal-II allowing an application made by the respondent under Section 33(2)(b) of the Industrial Disputes Act.

(2.) Briefly, the facts are that petitioner was working as a driver with the respondent, he absented from duty without sanctioned leave from January, 1991 to April, 1991 for 71 days. On the basis of the report received about his absence the depot manager initiated disciplinary proceedings against him. The enquiry went against the petitioner and the petitioner was dismissed from service for the misconduct. Thereafter, an application under Section 33(2)(b) of Industrial Disputes Act was made before the Industrial Tribunal. The Industrial Tribunal vide order dated 26.2.2001 rejected the approval application of the respondent. Respondent filed a writ petition against the order before this Court. This Court remanded back the matter keeping in view of the judgment of Supreme Court in DTC v. Sardar Singh SJT 2004 (6) SC 342 asking the Tribunal to decide the matter afresh in light of the law laid down by Supreme Court. After the case was remanded back Tribunal framed following issues: Whether the period mentioned in the chargesheet of absence/leave without pay have been duly sanctioned by the applicant? OPR

(3.) After recording evidence of both the parties the Tribunal came to conclusion that the petitioner remained absent for 71 days during January, 91 to April, 91 without sanction of the leave. Tribunal relying upon the judgment of DTC v. Sardar Singh (supra) held that the dismissal of the petitioner was valid and legal and allowed the application under Section 33(2)(b) of the Act.