(1.) THE appellant was employed with the respondent DTC since July, 1984 as a Conductor. On 5th July, 1994, he was issued a charge -sheet for not issuing tickets to the passengers, for not signing the statement of passengers and for misbehaving with the checking staff. Thereafter, a domestic inquiry was conducted against him pursuant to which, he 6th was removed from services on June, 1996. As against the said order, the appellant filed an appeal which came to be dismissed by the appellate authority by a speaking order communicated to the appellant vide memo dated 11th September, 1996. The appellant then raised an industrial dispute which came to be referred to the Labour Court. Keeping in view the rival contentions, the following issues were framed by the Labour Court:
(2.) BY the order dated 23rd October, 2004, the first issue which was (Signer's identity unknown) Signed by Naresh Mehta Time: 2009.04.20 15:57:07 +05'30' Reason: Location: treated as the preliminary issue was decided in favour of the respondent and it was held that the report of the Inquiry Officer was neither perverse nor did the same appear to be in violation of the principles of natural justice. Finally, the award dated 7th April, 2006 was passed whereunder the punishment awarded to the appellant was held to be commensurate with the charges of misconduct committed by him and was appropriate in view of his past conduct which was found to be unsatisfactory. Being aggrieved, the appellant filed a writ petition which came to be disposed of by the learned single Judge by order under appeal.
(3.) THE contention is devoid of any merit. A similar contention was rejected by a Division Bench of this Court in Ramesh Chand v. DTC in LPA No. 289/2007 decided on 29th May, 2007. In that case, relying upon its earlier judgment in Dharampal v. DTC LPA No. 2290/2006, the Court held as under: