GAJE SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a writ petition filed by the petitioner for quashing of the orders dated 5th November, 2005 and 21st July, 2004 passed by the Industrial Tribunal, karkardooma Courts, Delhi in ID No. 130/94 as well as the orders dated 30th may, 2001 and 21st November, 2001 passed by the learned Labour Court on the application filed by the respondent/management under Section 33 (2) (b) of the industrial Disputes Act, 1947 granting approval for the imposition of punishment of removal of the petitioner/workman from the post of Conductor.

(2.) BRIEFLY stated facts of the case are that the petitioner was employed as a conductor with the respondent/management on 19th January, 1979. The petitioner was on duty on bus no. 9458 route no. 828. The bus of the petitioner was checked by the checking staff headed by TI Shiv narain at Kher Khari Jatmal about 8. 00 AM. It was noticed that three passengers alighted from the bus but they were not having valid tickets. On checking the passengers, it was learnt that the Conductor had collected the due fair of Rs. 1. 50 paisa from them but had not issued them tickets. The cash of the respondent was found in excess by Rs. 132. 85 paisa. On the basis of the report of the checking staff, the Depot Manager of D. K. Depot issued chargesheet dated 30th April, 1991 to the respondent for committing misconduct within the meaning of para 4 (ii) and 19 (b, h and m) of the Standing Orders governing the conduct of the DTC employees.

(3.) AN inquiry was held and the petitioner was given a full opportunity to defend himself. The inquiry was conducted according to the rules and regulations and the principles of natural justice and the report of the Inquiry officer held that the petitioner has misconducted himself. The petitioner was thereafter visited with the punishment of removal.