DTC Vs. RAJBIR SINGH

JUDGEMENT

(1.) Vide the present petition, the petitioner/DTC has impugned award dated 08.09.2005 passed by the Presiding Officer, Industrial Tribunal-II in ID No.211/2001.

(2.) The brief facts as emerge from the record are that the respondent had been appointed as a Driver with the petitioner/DTC initially on daily wages and was thereafter regularized w.e.f. 18.01.1983. It is the petitioner's case that the respondent was involved in repeated acts of negligence due to which he had been issued warnings from time to time and on 14.05.1993, he was issued a charge-sheet, pursuant whereto an inquiry was held against him. Based on the report of Inquiry Officer holding him guilty of the charge, a memorandum dated 10.08.1993 was issued to the respondent, to which, no reply was submitted by him. In these circumstances, the respondent was terminated from service vide order dated 01.10.1993, leading to a reference being made to the Industrial Tribunal on the following terms:- "Whether the punishment imposed upon Sh.Rajbir Singh, s/o Sh. Chandgi Ram, by the management vide their order dt. 1.10.1993 is illegal and/or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect?"

(3.) Before the Tribunal, the case set up by the respondent was that neither any charge-sheet had been issued to him nor any inquiry had been held against him. The learned Tribunal, however, after framing the issues mentioned below including the issue as to whether the punishment was imposed on the respondent after holding a proper inquiry, answered the reference in favour of the respondent by holding that the petitioner's application under Section 33(2)(b) of the Industrial Disputes Act (hereinafter referred to as "I.D. Act") having been rejected, vide order dated 20.09.1999 the termination of the petitioner could not be sustained:-