(1.) THIS is a writ petition filed by the petitioner/dtc against the impugned award dated 10th April, 2006 passed by Ms. Nisha Saxena, Presiding Officer, Labour Court-XXI, Karkardooma Courts, Delhi in ID No. 335/06/96 in the case titled Chandi Ram Vs. M/s Delhi Transport Corporation by virtue of which the learned Labour Court has held that the facts of the case did not warrant the extreme punishment of dismissal and directed the reinstatement of the respondent/workman with 50% of the back wages, though no punishment in lieu of the dismissal was given.
(2.) THAT briefly stated, the facts of the case are that the respondent/workman was employed as a driver with the petitioner/dtc. The respondent/workman was charge sheeted on 9th June, 1993 because of his allegedly having interfered in the challan of the Conductor and for pleading the case of the Conductor and against the checking staff. It is also alleged that the respondent/workman asked the Conductor not to sign his statement recorded by the checking staff. The respondent/workman was also alleged to have assaulted the checking staff.
(3.) A domestic enquiry was conducted. The disciplinary authority after the enquiry came to the conclusion that the respondent/workman had misconducted and accordingly he was directed to be removed from service by the General Manager.