DELHI TRANSPORT CORP. Vs. BAHADUR SINGH

JUDGEMENT

(1.) Following a strike which took place in its premises between 17 to 19/3/1988, the Delhi Transport Corporation["DTC", hereinafter] dismissed a large number of its employees, invoking the provisions of the Essential Services Maintenance Act, 1981 read with the second proviso to Regulation 15(2)(c) of the Delhi Road Transport Authority (Conditions of Appointment & Service) Regulations, 1952. The dismissed employees approached this Court by way of various writ petitions alleging violation of Sec. 33 of the Industrial Disputes Act, 1947["ID Act", hereinafter]. A Division Bench of this Court, vide order dtd. 20/12/1988, directed the petitioners to pursue their remedies in terms of Sec. 33 of the ID Act and, wherever orders of punishment had been passed, relegated the petitioners to the competent appellate authority. Even in the event that the punishment was found to be in contravention of Sec. 33 of the ID Act, the Court, in conformity with the said provision, directed the Industrial Disputes Tribunal["the Tribunal" hereinafter] to further examine whether the order of discharge or dismissal passed by the DTC was justified on merits.

(2.) We are concerned in this case only with one of the said striking employees i.e. Bahadur Singh, the respondent before us.

(3.) On 4/4/1989, a notice was sent to the respondent directing him to appear before the Appellate Authority. The respondent did so and denied the charges against him. The Appellate Authority, vide order dtd. 24/3/1988, confirmed the decision to dismiss the respondent from service. The respondent approached the Tribunal under Sec. 33 of the ID Act seeking quashing of the order dtd. 24/3/1988 whereby he was dismissed from service and consequently seeking reinstatement with full back wages, etc.