DELHI TRANSPORT CORPORATION Vs. DHARAMBIR SINGH

JUDGEMENT

(1.) THE Delhi Transport Corporation in this writ petition seeks to challenge an industrial award dated 16. 09. 2003 in I. D. No. 142/1995 directing it to pay full back wages to the father of the deceased workman (Sh. Dharambir Singh)till the date of his death as removal of the workman from the service was held to be illegal.

(2.) NOBODY has appeared on behalf of the respondent despite service. Hence, I have heard the arguments of learned counsel appearing on behalf of the petitioner ex-parte. I have also perused the record of the Labour Court.

(3.) BRIEFLY stated the facts of the case relevant for disposal of this writ petition are that the deceased workman was employed as Safai Karamchari with the petitioner as daily wager w. e. f. 07. 09. 1982. He was regularised in service w. e. f. 03. 04. 1984. He was removed from the service of the petitioner w. e. f. 06. 08. 1987 after holding an inquiry against him for his alleged unauthorised absence of 147 days in the year 1986. The workman Sh. Dharambir Singh expired on 19. 09. 1995. However, before his death, he had raised an industrial dispute with regard to his removal from the service of the petitioner which was referred by the appropriate Government in the government of NCT of Delhi for adjudication to the Labour Court. By the time the reference reached the Labour Court, the workman had expired on 19. 09. 1995. The statement of claim before the Labour Court was filed by his father, Sh. Ravi Dutt. On the basis of evidence adduced by the parties before the Labour court, the Labour Court vide its order dated 17. 10. 1998 decided the preliminary inquiry issue against the petitioner management and vide award dated 16. 09. 2003 held the removal of the deceased workman Sh. Dharambir Singh to be illegal and directed the petitioner to pay full wages admissible to the deceased workman between the date of his removal till the date of his death to his father Sh. Ravi Dutt, being his Legal Heir. The petitioner aggrieved by the impugned award has filed this writ petition seeking setting aside of the said award.