VIRENDER SINGH Vs. DTC

JUDGEMENT

(1.) The present petition is filed against the order dated 23rd October, 2004 and the Award dated 7th April, 2006 passed by the learned Presiding Officer, Labour Court whenunder it was held that the report of the Inquiry Officer was not in violation of principles of natural justice and that the punishment imposed on the petitioner workman did not deserve to be interfered with and also that removal of the petitioner from the services of the respondent was legal and justified.

(2.) Briefly stated, facts of the case are as follows. The petitioner was employed with the respondent DTC since July 1984 as a Conductor. On 5th July 1994, he was issued a charge-sheet for not issuing tickets to the passengers, for not signing the statement of passengers and for misbehaving with the checking staff. Thereafter, a domestic inquiry was conducted against him pursuant to which he was removed from services on 6th June, 1996. As against the said order, the petitioner filed an appeal on 24th June, 1996 on which date the Appellate Authority passed a speaking order communicated to him vide memo dated the 11th September, 1996 rejecting his appeal and upholding the penalty. Aggrieved by the order of the Appellate Authority, the petitioner raised an industrial dispute which was referred to the Labour Court on 1st September, 1997 in the following terms of reference:

(3.) The petitioner filed a statement of claim and the management in its written statement submitted that the petitioner had admitted his fault at the time of Challan and had surrendered two unpunched tickets to the checking staff. It was stated that he was removed from service only after considering his past record along with the established charges in the findings of the Inquiry Officer coupled with the gravity of the offence. Keeping in view the pleadings of the parties, following issues were framed by the Labour Court: