MAHAVIR SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of award dated 5th September, 2006 passed by Labour Court XXI, Karkardooma, Delhi whereby the reference was answered against the petitioner.

(2.) Brief facts are that the petitioner was working as a conductor with the respondent. On 9th September, 1993 he was on duty at bus No.9867 from Delhi to Sharanpur. His bus was checked at 6.20 PM at Jalalabad by the ATIs Sohan Lal, Zile Singh and Balbir Singh. Two passengers were found getting down the bus without tickets. They were held up for being without tickets. They told that they had paid Rs.20/- to the conductor for issuance of tickets. The conductor had taken the fare but not issued tickets. The conductor was confronted with the passengers and the conductor admitted his guilt and gave 2 unpunched tickets to the ticket checkers. The ticket checkers recorded the statements of passengers and obtained the signature of conductor. They boarded the bus and in the running bus, they prepared challan and gave it to conductor. They also checked rest of the passengers who were found having tickets. A charge sheet was issued to the conductor on 22nd October, 1993 and an inquiry was conducted for not issuing tickets to the passengers after receiving fare from them. In the inquiry he was found guilty and he was removed from service by the disciplinary authority. He raised an industrial dispute which was referred to the Labour Court in following terms :

(3.) The Labour Court framed an issue about the fairness of inquiry and after considering the entire evidence came to conclusion that the inquiry was conducted in a fair and proper manner. Learned Labour Court thereafter came to conclusion that the punishment awarded to the petitioner was not disproportionate to the misconduct.