VED PRAKASH Vs. D.T.C.

JUDGEMENT

(1.) The petitioner/workman by this writ petition under Article 226 of the Constitution of India on the basis of the order dated 27th March, 2002 seeks for a direction to the management to allow him to join duty and pay him back wages from the date of his illegal termination. The respondent filed WP(C) No.7536/2002 challenging this order dated 27.03.2002 by which the Industrial Tribunal (Tribunal) had rejected its approval application under Section 33 (2) (b) of Industrial Disputes Act, 1947 (ID Act) for termination of service of the petitioner. By a separate judgment of even date, WP(C) No.7536/2002 has been dismissed by this Court.

(2.) In its counter affidavit, it is, inter alia, pleaded by the management that they have removed the petitioner/workman based on the report of the Inquiry Officer and in adherence to the principles of natural justice and assailed the order dated 27.03.2002 in WP (C) No.7536/200

(3.) In its separate counter affidavit filed by the Deputy Labour Commissioner on behalf of the NCT of Delhi it has been, inter alia, pleaded that the petitioner is entitled to claim his remedy under Section 33A of ID Act by lodging a complaint.