SULTAN SINGH Vs. DTC

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is directed against the order of the Industrial Tribunal dated 2/4/1973 granting approval to the respondent-Delhi Transport Corporation under Section 33(2)(b) of the Industrial Disputes Act.

(2.) The two main grounds on which the removal of the petitioner has been challenged are : (1) that the order of removal was not passed by the competent authority inasmuch as the order of removal was passed by the Deputy General Manager whereas the order of removal could be made only by the General Manager; and (2) that the passenger witness who had given a statement against the petitioner had not been examined and thus the petitioner did not have sufficient opportunity to cross-examine this witness and, therefore, the inquiry was vitiated.

(3.) This petition was dismissed in default on a previous occasion, however in the interest of justice the petition was restored. Even today, no one appears for the petitioner. Since the petition involves a short question, I think it is in the interest of justice to decided the case on merits rather than dismissing it in default for the second time.