SUNIL KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner in the instant writ petition has challenged two orders dated 20th July, 2004 and 29th October, 2004 passed in ID No. 144/2003 in case titled Sunil Kumar v. Delhi Development Authority by learned Labour Court No. VII. By virtue of the first order, the learned Labour Court has held that the inquiry which was held against the petitioner was fair, proper and in accordance with principles of natural justice.

(2.) SO far as the award dated 29th October, 2004 is concerned, the learned Labour Court upheld the imposition of punishment of dismissal on the petitioner.

(3.) THE learned Labour Court after examining the entire gamut of facts came to the conclusion that there is no perversity in the report of the Inquiry Officer or any violation of principle of natural justice, accordingly, the issue was decided in favour of the management. By the second order the question of quantum of compensation was also decided by the learned Labour Court on 29th October, 2004 and it was held that keeping in view the conduct of the petitioner the imposition of punishment of dismissal against the petitioner was not disproportionate. The learned Labour Court also referred the authorities of the Apex Court in order to take the support that the Courts should generally not interfere with the quantum of punishment once the charge is proved. Reliance in this regard was placed in case titled Devender Swami v. Karnataka State Road Transport Corporation, AIR 2002 SC 2545 and Union of India v. Narain Singh, 2002 (4) SCC 207.