DELHI TRANSPORT CORPORATION Vs. RAJBIR SINGH

JUDGEMENT

(1.) This appeal is directed against the impugned order dated 3rd May 2007 passed by the learned Single Judge dismissing the Appellant s Writ Petition (Civil) No. 9880 of 2005.

(2.) The aforementioned writ petition was filed by the Appellant Delhi Transport Corporation ( DTC ) challenging an Award dated 7th August 2004 passed by the Industrial Tribunal whereby the termination of the services of the Respondent was held to be illegal and his reinstatement with full back wages was ordered.

(3.) The facts in brief are that by an order dated 2nd March 1989 the DTC held the Respondent to be deemed to have resigned from service as he was absent without leave. The industrial dispute arising therefrom was referred for adjudication to the Industrial Tribunal ( Tribunal ). Relying on the judgment of this Court in Delhi Transport Corporation v. Om Kumar,2002 2 VII SLJ 375 it was held by the Tribunal that the order passed by the DTC by invoking the Clause 14(10)(C) of the DRTA (Conditions of Appointment and Service) Regulations, 1952 was without the prior approval of the Chairman-cum-Managing Director and, therefore, was illegal. Consequently on this short ground, the Tribunal directed the reinstatement of the Respondent with full back wages.