HARI OM Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) THE petitioner has challenged the award dated 4th August, 2006 passed by the Fast Track Court -XXI, Karkardooma, Delhi in ID No. 313/06/97 in case titled Shri Hari Om v. Delhi Transport Corporation. By virtue of the aforesaid award, the learned Labour Court has not found any illegality committed by the respondent/DTC in conducting the domestic inquiry against the petitioner for his alleged misconduct nor the punishment of removal imposed on the petitioner has been considered to be shockingly disproportionate so as to substituted by any other punishment. Accordingly, the learned Labour Court held that the punishment did not warrant any interference keeping in view the gravity of the proved misconduct.

(2.) THE petitioner feeling aggrieved by the aforesaid award has challenged the same in the present writ petition.

(3.) IT has been contended by the learned Counsel for the petitioner that keeping in view the past conduct of the petitioner that he was not involved in any misconduct and had an unblemished service record, accordingly, the imposition of punishment of removal from service was grossly disproportionate. It was contended by the learned Counsel for the petitioner that the punishment of removal should be substituted with a lesser punishment. The learned Counsel for the petitioner had placed reliance in support of his contention on the judgment in case titled Mahindra and Mahindra Ltd. v. : (2005)ILLJ1129SC to urge that the Hon'ble Supreme Court has made a reference that the past conduct of the workman may be persuade the Court to reduce the punishment.