D T C Vs. STATE OF DELHI

JUDGEMENT

(1.) By way of the present petition, the DTC seeks issuance of an appropriate writ, order or direction to set aside the judgment and order dated 25th September, 1991 passed by the Presiding Officer, Labour Court whereunder it was held that though the enquiry conducted by the DTC was fair and proper, however the punishment imposed by it on the respondent workman was reduced from termination of service, to that of warning only and the DTC was accordingly directed to reinstate the workman with continuity of service and full back wages.

(2.) Facts of the case are that the respondent workman got employed with the DTC in May 1973 and was brought on monthly rate of pay basis in November, 1974. On 3rd June, 1988, while the respondent workman was performing his duty on Bus No. 1218, Route No. 445, his bus was checked by the checking officials and it was found that the respondent workman was going to Alaknanda via DDA Kalkaji, whereas as per the duty allotted to him, he was supposed to go via Tara Apartment. It is the case of the DTC that on being asked for an explanation, the respondent workman failed to show sufficient reason for the said irregularity in diverting from the charted route and instead, the respondent workman misbehaved with the checking officials and accordingly he was challaned. Thereafter a charge sheet was issued to the respondent on 30th June, 1988 for the irregularity/misconduct committed by him, to which the respondent workman filed his reply. The reply not being found satisfactory, the case was entrusted to the Enquiry Officer for conducting a detailed enquiry. The Enquiry Officer, in his findings held that the charges as leveled against the respondent workman stood proved, and on the basis of the said findings and the past records and performance of the respondent workman, the respondent driver was removed from services of the DTC with effect from 25th January, 1989.

(3.) Being aggrieved by the said removal order, the respondent workman raised an industrial dispute which was referred to the Labour Court for adjudication in the following terms of reference: