TRIVED PRAKASH Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) C. M. No. 10743/2009 and W. P. (C.) No. 6939/2001 the management of DTC (respondent herein) filed a miscellaneous application being C. M. No. 10743/2009 seeking dismissal of the present writ petition directed against the impugned order under Section 33 (2) (b) granting approval to respondent No. 1 for removal of the petitioner from its service w. e. f. 02. 08. 1994.

(2.) MR. Hanu Bhaskar, learned counsel appearing on behalf of the respondent No. 1 management, has contended that after approval under Section 33 (2) (b) for removal of the petitioner was granted by the Tribunal, the petitioner had raised an industrial dispute under Section 10 of the the Industrial Disputes act, 1947, with regard to his removal, which was referred by the appropriate Government in the Government of NCT of Delhi for adjudication to the Industrial Tribunal. The industrial dispute raised by the petitioner with regard to his removal from the service of respondent No. 1 was decided by the Tribunal against the petitioner vide award dated 06. 01. 2007 in I. D. No. 79/2002. The petitioner aggrieved by the said award of the Tribunal had filed a writ petition being W. P. (C.) No. 9140/2009 which was dismissed by this Court in limine vide order dated 03. 07. 2009.

(3.) MR. Hanu Bhaskar, learned counsel appearing on behalf of the respondent No. 1 management, contends that since the challenge to the award in the main industrial dispute has been rejected by this Court, this writ petition filed against the impugned order under Section 33 (2) (b) is also liable to be dismissed.