BILORI Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) THE petitioner is a sacked employee of DTC and he has filed the present writ petition seeking setting aside of award dated 21. 07. 2005 passed by the industrial Tribunal-II, Karkardooma Courts, Delhi in I. D. No. 61/2001 and for directions to the respondent to reinstate him in service with all consequential benefits.

(2.) THE brief facts of the case giving rise to this petition are that the petitioner was working as Conductor with the Delhi Transport Corporation (respondent herein) and on 04. 10. 1988 he was performing his duty in bus No. 9467 of route No. Delhi to Ballabgarh. Sh. Jagan Nath Parshad, T. I. along with his staff checked the bus at Y. M. C and found that group of three passengers was without ticket. The petitioner had taken Rs. 4. 50 Paise @ Rs. 1. 50 Paise per ticket from those passengers but had not issued them ticket from Old Faridabad to Ballabgarh. The petitioner admitted his fault and issued three unpunched tickets No. 25-27518 to 25-27520 of Rs. 1. 50 paise each. The statements of the passengers were recorded by the checking staff but the conductor declined to counter sign the same. The petitioner is alleged to have committed irregularities which amount to misconduct within the meaning of para 2 (II) and 19 (b) (f) (h) and (m) of the standing orders governing the conduct of DTC employees. The petitioner was, therefore, chargesheeted and a departmental enquiry was conducted against him. The petitioner had participated in the departmental enquiry held against him. The Enquiry Officer gave his finding against the delinquent petitioner and thereafter he was served with the Show cause Notice and his services were terminated w. e. f. 05. 05. 1989.

(3.) BECAUSE an industrial dispute concerning DTC workers" demand for implementation of IVth Pay Commission"s report was pending adjudication before the Industrial Tribunal at the time of removal of the respondent from service, the respondent filed an application under Section 33 (2) (b) of the Industrial disputes Act, 1947 for approval of the Industrial Tribunal for its decision for removal of the petitioner from service. " The Industrial Tribunal vide its order dated 20. 01. 2000 passed in OP No. 36/89 granted approval under Section 33 (2) (b)of the Industrial Disputes Act for removal of the petitioner from service. " The petitioner, thereafter, raised an industrial dispute only on the quantum of punishment and said dispute was referred by the Secretary (Labour), Government of National Capital Territory of Delhi for adjudication by the Industrial tribunal/labour Court vide Reference No. F. 24 (4713)/2000-Lab. /3138-42 dated 06. 02. 2001. The terms of reference were to the following effect:-