(1.) The Delhi Transport Corporation in this Letters Patent Appeal impugns the judgment dated 5th Feb., 2016 whereby W.P.(C) No. 8185/2004 filed by the appellant challenging and assailing the Award dated 27th May,2003 passed by the Industrial Tribunal, has been dismissed.
(2.) The respondent-Pale Ram was employed as a conductor with the appellant Corporation. On 30th Aug., 1991, he was chargesheeted for failure to issue tickets to three groups of passengers who had paid full fares on 14th July, 1991 on board Bus No. DL-1P-9032 from Patiala to Delhi route for refusal to sign on statements of passengers, refusal to give complaint book, and stopping the bus and taking dinner at Samana Bahu Hotel which was prohibited thereby causing financial loss to the corporation.
(3.) By the order dated 23rd Sept., 2002, on the preliminary issue, the Industrial Tribunal held that except for recording the statement of Sh. Jagdish Chandra, Asstt. Traffic Inspector in question and answer form, only answers were recorded in respect of Sh. Nathu Ram, Sh. Attar Chand and Sh. Gulshan Kumar, Traffic Inspectors which leads to the inference that proceedings were not conducted in accordance with rules. Accordingly, the appellant corporation was granted liberty to lead evidence to prove and establish misconduct and remittance of one month's salary as required under Sec. 33(2)(b) of the Industrial Disputes Act on merits.