DELHI TRANSPORT CORPORATION Vs. CHANDER KUMAR

JUDGEMENT

(1.) THE petitioner/DTC by virtue of the present writ petition has challenged the judgment/order dated 16th December, 2002 passed by Mr. P.S. Teji, learned Presiding Officer, Labour Court -II, Karkardooma Courts, Delhi in ID No. 590/1993 in the case titled Delhi Transport Corporation v. Chander Kumar. By virtue of the aforesaid impugned order the Labour Court has rejected/dismissed the application of the petitioner/management for grant of approval under Section 33(2)(b) of the Industrial Disputes Act, 1947.

(2.) THAT briefly stated the facts leading to the filing of the present case are that the respondent/workman is alleged to have unauthorizedly absented from duty from 08.05.1993 to 17.05.1993 despite the fact that he was asked to attend the duty or report to the medical board of the DTC. On account of this, disciplinary proceedings were initiated against the respondent/workman and by virtue of the standing orders of the DTC, the respondent/workman was removed from service and full one month's wages were remitted to him by way of money order. The money order was not received back by the petitioner/management. The petitioner/management filed an application for grant of approval with the learned Labour Court under Section 33(2)(b) of the Industrial Disputes Act, 1947 seeking permission to dispense with the services of the respondent/workman.

(3.) ON 31st July, 2002 the validity of enquiry was upheld and the enquiry was decided against the respondent/workman. Issues framed on the pleadings of the parties were as under: