DELHI TRANSPORT CORPORATION Vs. TEJ PAL

JUDGEMENT

(1.) By this writ petition the petitioner has challenged the validity of order of the Industrial Tribunal-II, Delhi dated 9.8.2002 whereby the application of the petitioner under Section 33(2)(b) of the Industrial Disputes Act was dismissed.

(2.) Briefly the facts are that the respondent was working as a conductor. He was on duty at Bus No. DEP 9949 on 15.8.1989. His bus was checked by the checking staff at Uchana while the passengers were getting down from the bus. Ten passengers were found getting down from the bus without tickets. When they were asked why they were without ticket, they reported that they had paid a fare of Rs.2/- each to the conductor, but the conductor did not issue ticket. They were confronted with the conductor and the conductor admitted his guilt and gave 10 unpunched tickets to the checking staff. The checking staff recorded the statement of passengers and asked the conductor to countersign but he did not countersign the statement of passengers. Since the bus was to go further, the checking staff also boarded the bus, prepared the challan and gave it to the respondent, who received it under protest. He also incited the passengers sitting in the bus who misbehaved with the checking staff. He himself abused the checking staff.

(3.) A charge-sheet was served upon the conductor to the following effect: