DTC Vs. AJIT SINGH

JUDGEMENT

(1.) THIS is a common order disposing of the aforesaid two writ petitions with the consent of the learned counsel for the parties. These two writ petitions bearing WP (C) No. 12284/2005 and 12294/2005 are having same title s DTC Vs. Sh. Ajit Singh.

(2.) IN the first writ petition, the petitioner had given a charge sheet to the respondent/workman on account of his having remained absent from duty for a period of 35 days in a year starting from 1st January, 1991 to 31st December, 1991. On the basis of the said absence, enquiry was held and it was observed in the said enquiry report that the respondent was guilty of misconduct in terms of the standing orders and the various other provisions with which the conduct of the respondent /workman was governed. The respondent/workman was thereafter imposed penalty of punishment of removal.

(3.) SINCE the punishment of removal was inchoate, the petitioner had to obtain approval of the learned Labour Court by applying Section 33 (2) (b) of the Industrial Disputes Act.