MAHANAGAR TELEPHONE NIGAM LTD. Vs. SHRI RAM RATAN

JUDGEMENT

(1.) The present writ petition has been filed by the Petitioner/Management, Mahanagar Telephone Nigam Limited (MTNL), under Article 226 of the Constitution of India, assailing the Award dtd. 26/9/2005 passed by the learned Presiding Officer, Central Government Industrial Tribunal-cum- Labour Court-II, Rajendra Place, New Delhi, in I.D. No. 56/1995, whereby the termination of the Respondent/workman was held to be illegal and unjustified, and the Petitioner was directed to reinstate the Respondent without back wages but with continuity of service.

(2.) Brief facts emerging from the records, which are necessary for the adjudication of the writ, are that the Respondent was engaged with the Petitioner/management as a driver (DRM) with effect from 28/9/1982 and was treated as a daily-rated/casual worker, being paid wages as fixed and revised from time to time under the Minimum Wages Act, 1948.

(3.) On 9/1/1988, the Respondent was assigned a Standard-20 vehicle bearing No. DEP-5070, which, according to the Management, was taken out of the premises of Kidwai Bhawan at about 15:30 hours and was not parked back on the same day. It was alleged that on 10/1/1988 at about 20:30 hours, the said vehicle was noticed by the Sh. A.K Trikha, DDG, Vigilance Department at Kosikalan on Delhi-Mathura Road. Consequently, a show cause notice dtd. 14/1/1988 was issued to the Respondent calling upon him to explain why the said lapse should not be treated as a serious misconduct warranting termination of service.