BISHAMBER SINGH Vs. DTC

JUDGEMENT

(1.) In the present writ petition, the petitioner has assailed the award dated April 28, 2006 passed by the Presiding Officer, Labour Court whereunder, it has been held that the domestic enquiry conducted against the petitioner workman was held in accordance with the principles of natural justice and that the punishment of removal from service awarded to the petitioner by the respondent/DTC, is not disproportionate to the misconduct proved against him and, therefore, the same does not call for interference by the Court. With these findings, the reference was returned against the said workman.

(2.) The brief facts of the case are that the petitioner workman was appointed as a conductor with the respondent/DTC in the year 1968-69. On March 29, 1993, he received an order of suspension passed by the respondent/DTC. On April 7, 1993, the petitioner was served with a memo wherein charges of irregularity were made against the petitioner. The petitioner filed a reply to the charge sheet. Subsequently, an Enquiry Officer was appointed and enquiry proceedings were conducted against the petitioner in respect of the charges levelled against him that he had taken bribe from a RedLine Bus Driver while performing his duty on March 24, 1993 as a Time Keeper at Plaza and after perusing the findings of the Enquiry Officer, an order dated October 26, 1994 was passed that the petitioner be removed from the services of the respondent/ DTC. Thereafter, the petitioner approached the appropriate authority for seeking reference of an industrial dispute between him and the respondent/DTC for adjudication before the Labour Court. The terms of reference were as follows:

(3.) After the pleadings were complete, two issues were framed on May 14, 1999. The parties led their respective evidence, pursuant to which the impugned award dated April 28, 2006 was passed.