DEEN DAYAL Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) The petitioner, Deen Dayal S/o Sh. Lal Singh vide the present petition has assailed the impugned award dated 4.11.2016 of the Presiding Officer, Labour Court XVII, Karkardooma Courts Complex, New Delhi in LIR No. 6820/2016 (Old No. 24/08) whereby the reference made by the Government of NCT of Delhi vide order dated 06.02.2008 F.24(1306)/06/Lab./1374-78 to the effect;

(2.) The petitioner, apart from seeking the setting aside of the impugned award dated 4.11.2016 of the Labour Court also sought that the removal of the petitioner from the services of the respondent be declared illegal and unjustified and that he be held entitled to the relief of reinstatement of service along with full back wages and all consequential benefits thereto, it having been held vide the impugned award that the claimant, i.e., the workman/the petitioner herein, had been unauthorizedly absent from the duty for 174 days w.e.f. 1.1.1991 to 31.8.1991 and that thus this long absence showed complete lack of devotion to duty and consequently termination of services of the claimant, i.e., the petitioner herein, by the respondent was not disproportionate to his proved misconduct.

(3.) The learned counsel for the respondent was present on advance notice of the petition and on the petition having been listed for the date 11.7.2017 when initial submissions were made on behalf of either side and the learned counsel for the petitioner Mr. Anuj Aggarwal and the learned counsel for the respondent Mr. Sarfarz Khan sought to place reliance on judicial precedents copies of which have been submitted on record by either side and the petitioner has thus been taken up for final disposal.