DELHI TRANSPORT CORPORATION Vs. RAJBIR SINGH

JUDGEMENT

(1.) For the reasons stated in the application, the delay in filing the appeal is condoned and the application is disposed of. LPA 300/2016 & CM APPL. 17933/2016 (stay) & CM APPL. 27453/2016 (for additional documents).

(2.) This appeal under Clause X of Letters Patent Appeal is directed against the Judgment dated 12th February, 2016 passed in W.P.(C) 1063/2004 whereby the learned Single Judge has dismissed the writ petition, upholding the order passed by the Presiding Officer, Industrial Tribunal-II, Karkardooma Court. In effect, Appellant's application under Section 33 (2) (b) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), seeking approval for removing the Respondent, stands rejected. Background

(3.) Brief facts relevant for the disposal of the present appeal are that on 11th August 1984, Respondent-workman, a Conductor with Delhi Transport Corporation, was on duty on bus No. 10384. Appellant's officer conducted a surprise check and intercepted the bus at Kossi city at about 08:30 hours and noted certain irregularities such as- Respondent-workman had not issued tickets to a group consisting of three passengers after collecting due fare from them; Way-vouchers were found incomplete; Respondent kept counter foil of ticket No. 07987 blank and one ticket 07988 was found missing from the counter foil; he did not stop the bus at the proper stand of Kossi on the signal of the checking official thereby showing mala fide intention. According to the Respondent, the aforesaid irregularities amount to misconduct within the meaning of para 7 and 20 of the executive instructions relating to the duties of a conductor read with para 19 (a), (b) and (m) of the standing orders governing the conduct of Delhi Transport Corporation Employees.