D T C Vs. KRISHAN KUMAR

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner Delhi Transport Corporation (DTC) praying inter alia for issuance of a writ of certiorari for quashing the award dated 5th December, 2003 passed by the Labour Court whereunder directions have been issued to the petitioner DTC for reinstating the respondent workman with continuity of service, full back wages and other consequential benefits and also for quashing of order dated 31st March, 1998, whereby the enquiry proceedings held by the petitioner, were held to be vitiated.

(2.) The undisputed facts of the case are that the respondent workman was appointed as a Retainer-crew-conductor vide letter dated 30th March, 1978. After completion of probation period, he was confirmed as a Conductor w.e.f. 19th January, 1980. On 13th April, 1987, the petitioner DTC checked the locker of the respondent workman physically and on verification, found the DTC bus tickets/passes worth Rs. 466/- missing therefrom, which were not accounted for by the respondent workman to the petitioner DTC. Pursuant thereto, the services of the respondent workman were terminated by the petitioner DTC, as against which the respondent workman raised an industrial dispute, which was referred for adjudication to the Labour Court in the following terms of reference: ?Whether the removal of Shri Krishan Kumar from service is illegal and/or unjustified and if so, what directions are necessary in this respect??

(3.) The workman filed his statement of claim to which the management filed its written statement. On the basis of the pleadings of the parties, following issues were framed: