DEVINDER SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) By this judgment I propose to dispose of two writ petitions being Writ Petition (Civil) No. 19713 of 2004 and Writ Petition (Civil) No. 781 of 1998. The first writ petition has been filed by the workman under Article 226 of the Constitution of India, praying for a direction to the Delhi Transport Corporation (hereinafter 'Corporation') to reinstate him with back wages and other consequential benefits after rejection of the application filed by the Corporation under Section 33(2))(b) of the Industrial Disputes Act, 1947 (in short 'ID Act') vide order dated 14th February, 1997, while in the latter the Corporation challenges the correctness of the award dated 25th February, 1997 of the Industrial Adjudicator holding that the services of the workman were removed illegally and unjustifiably and directing reinstatement with continuity of service and full back wages.

(2.) The brief facts necessary for the determination of the writ petitions are adumbrated as follows:

(3.) Mr. Anil Mittal, learned counsel appearing on behalf of the workman submits that the issue in the present petition is covered by the judgment of the Supreme Court in Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. vs. Ram Gopal Sharma and Others reported as (2002) 2 SSC 244, whereby the Supreme Court while dealing with the question of non-approval of the order of discharge or dismissal and its consequences held that: