DELHI TRANSPORT CORPORATION Vs. ASHOK KUMAR

JUDGEMENT

(1.) C. M. No. 13010/2009 in W. P. (C.) No. 12515/2009 exemption as prayed for is granted subject to all just exceptions. W. P. (C.) No. 12515/2009 and C. M. No. 13009/2009 (for stay) The management of dtc (petitioner herein) in this writ petition seeks to challenge an order dated 16. 05. 2009 passed by the Labour Court in O. P. No. 22/1994 rejecting its approval application under Section 33 (2) (b) for removal of the respondent from its service w. e. f. 25. 02. 1994 for alleged unauthorised absence from 29. 01. 1993 to 16. 03. 1993 and 08. 04. 1993 to 02. 05. 1993 (total 72 days ).

(2.) HEARD on admission.

(3.) MR. J. S. Bhasin, learned counsel appearing on behalf of the petitioner, has argued that the Court below has wrongly declined approval to the petitioner for removal of the respondent from its service. He has submitted that the Court below has failed to take into account the past conduct of the respondent in remaining unauthorizedly absent even in the past. Mr. Bhasin submits that the respondent had remained absent for 23 days in 1991, for 147 days in 1992 and again for 174 days in 1993.