D T C Vs. MADAN LAL

JUDGEMENT

(1.) The present petition has been filed by the petitioner Delhi Transport Corporation (DTC) challenging the orders dated 9.9.2002 and 20.12.2002 passed by the Industrial Tribunal (for short "the Tribunal") in proceedings under Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") invoked by the petitioner DTC. While by the former impugned order the Tribunal held that the enquiry proceedings were vitiated, by the latter the approval application filed by the petitioner DTC under Section 33(2)(b) of the Act, seeking approval of its action in removing the respondent workman from service, was rejected.

(2.) Precisely stated, facts of the case are that the respondent workman was appointed as a sweeper cleaner with the petitioner DTC. It was found on checking the leave record of the respondent that between May, 1991 and June 1991, he remained on unauthorized leave for a period of 50 days without prior information and approval from the competent authority. The leave however was treated as Leave Without Pay. Consequently, a charge sheet was issued to the respondent workman on 30.8.1991 for committing misconduct under Sections 4(11) of the DRTA Act and paras 19(h) and (m) of the Standing Orders. An enquiry was conducted wherein the enquiry officer found all the charges to be proved and vide order dated 25.2.1992, the respondent workman was removed from service. Thereafter, an approval application was filed by the petitioner DTC before the Tribunal, seeking approval of the action taken by it against the respondent workman. Reply was duly filed by the respondent workman before the Tribunal.

(3.) On the basis of the pleadings of the parties, the following issues were framed by the Tribunal: