PREM SINGH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) THIS writ petition filed by the workman (petitioner herein) is directed against the order dated 04. 04. 2007 on inquiry issue and award dated 06. 07. 2007 passed by Ms. Nisha Saxena, Presiding Officer, Labour Court XXI, Fast Track, delhi rejecting his claim for reinstatement and back wages.

(2.) THE petitioner was appointed as a conductor with Delhi Transport Corporation (respondent herein) on 01. 01. 1972. While he was working as conductor with Delhi transport Corporation, he was apprehended 9 times and was charge sheeted for non-issuance of ticket to the passengers. He was caught for the tenth time on 22. 03. 1992 when he was deployed for duty on delhi-Panipat ruote at the time the bus was checked by checking staff at 7:20 am and the petitioner was found not having issued tickets of Rs. 14. 50 to one passenger travelling in the bus. He was charge sheeted on 02. 04. 1992 for misconduct under Clause 19 (b), (h) and (m) of the Standing Orders for not issuing ticket of Rs. 14. 50 to one passenger when he was on duty on Delhi-Panipat route on 22. 03. 1992. The charge sheet is at page 15 of the Paper Book. It was mentioned in the charge sheet that the past conduct of the petitioner will also be taken into account. The inquiry into the charges was held against the petitioner and the Inquiry Officer found him guilty of the charges levelled against him in the charge sheet dated 02. 04. 1992 referred above. The disciplinary Authority of the respondent after considering the Inquiry Report and other relevant material decided to remove the petitioner from service and accordingly he was removed from service of Delhi Transport Corporation w. e. f. 02. 06. 1995.

(3.) AGGRIEVED by his removal, the petitioner raised an industrial dispute which was referred by the appropriate Government for adjudication to the Labour court. The Labour Court after considering the evidence produced by the parties before it vide its order dated 04. 04. 2007 decided the inquiry issue against the petitioner and held that the inquiry is not vitiated for non-observance of principles of natural justice. Thereafter, vide award dated 06. 07. 2007, assailed in the present writ petition, the Labour Court held that the removal of the petitioner from service of Delhi Transport Corporation was on account of proved misconduct against him which was of grave nature. The disciplinary authority as well as the Labour Court have also taken into account the past conduct of the petitioner while upholding his removal from service.