DELH TRANSPORT CORPORATION Vs. RAKESH KUMAR

JUDGEMENT

(1.) The petitioner has challenged the Award dated 19.03.2014 passed in ID No.449/2010 by learned Presiding Officer, Industrial Tribunal, Karkardooma Court, Delhi (in short 'Industrial Adjudicator') on making a reference dated 13.10.2009 by the Government of NCT of Delhi holding that the punishment of reduction to initial stage in the time scale of Driver for a period of three years imposed upon the workman/respondent by order dated 08.07.1996 is illegal and unjustified and consequently set aside. The petitioner was directed to give the benefits to the respondent/workman which he was deprived of due to punishment.

(2.) The brief facts of the case are that the respondent was working as a Driver with the petitioner/management since 30.03.1984. For his unauthorised absence from duty for a period of 95 days during the period from 01.01.1995 to 31.10.1995, a chargesheet dated 05.11995 was served upon him. The respondent/workman submitted his reply dated 001.1996 denying all the charges. Finding no merit in the reply, the petitioner/management got conducted a domestic enquiry. After receiving enquiry report against the respondent, the petitioner issued a show cause notice to the respondent. Considering the report and reply of the respondent, the Competent Authority inflicted punishment of reduction to initial stage in the time scale of Driver for three years upon the respondent vide order dated 08.07.1996. On receiving the reference dated 13.10.2009 from the Government of NCT of Delhi, the Industrial Adjudicator directed the respondent to file his statement of claim. After completion of the pleadings, the Industrial Adjudicator framed the following issues on 04.05.2011:-

(3.) The issue No.1 was treated as a preliminary issue. The parties had adduced their respective evidence on the above said preliminary issue. After hearing the parties, by an order dated 02.12.2013 the Industrial Adjudicator has decided the issue against the petitioner/management. Since the enquiry stands vitiated in terms of the order dated 02.12.2013, the Industrial Adjudicator proceeded further to adjudicate the terms of the reference.