JAI PRAKASH Vs. D T C & ANR

JUDGEMENT

(1.) The present writ petitions arise from an order dated 20th January 2003, passed by the learned Industrial Tribunal-II, KKD (hereinafter referred to as "the learned Tribunal"), in O.P. No.191/1994. By the impugned order, the application filed by the Delhi Transport Corporation (hereinafter referred to as "the DTC") under Section 33(2) (b) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the ID Act"), for approval of its decision to remove the workman Jai Prakash (hereinafter referred to as "the workman") from service, was dismissed. W.P.(C) 12505/2004, filed by the workman, seeks implementation of the said award and, consequently, his reinstatement with full back wages, after adjustment of an amount of Rs. 5,27,548/-, which was paid to him consequent on an application, filed by him under Section 33(c) (2) of the Act. W.P.(C) 12091/2005, by the DTC, on the other hand, impugns the aforementioned order dated 20th January 2003, passed by the learned Tribunal.

(2.) The issue in controversy being extremely limited, a detailed allusion to facts is not necessary. A bare overview would suffice.

(3.) On the charge of his having remained unauthorisedly absent from 28th July 1993 to 15th October 1993, the DTC passed an order, dated 29th July 1994, removing the workman from service. As an industrial dispute relating to the workman was pending, an application was filed, under Section 33(2) (b) of the Act, before the learned Tribunal, for approval of the said decision.