DELHI TRANSPORT CORPORATION Vs. INDERJIT

JUDGEMENT

(1.) The present decision disposes of two writ petitions; while WP(C) No.684/2013 preferred by the Delhi Transport Corporation (DTC)/Management assails the Award dated 31.08.2012 passed by the Labour Court in ID No. 331/08/1997, WP(C) No.5325/2013 preferred by the workman seeks a direction to the DTC to reinstate him with all consequential benefits. For the sake of convenience, the parties are being referred to by their nomenclature in WP(C) No.684/2013.

(2.) The respondent, while serving in the post of Conductor with the DTC, was placed under suspension by the Management on 19.04.2003 and was issued a chargesheet alleging that on 12.04.1993 upon a surprise inspection conducted by the Checking Staff of the bus where he was deployed, he was found to have indulged in serious irregularities. Based on this chargesheet a departmental inquiry was conducted against him, in which the charges stood proved, thereby leading to his removal from service on 25.07.1994. Aggrieved by his termination, the respondent raised an industrial dispute which was on 17.12.1997 referred for adjudication before the Labour Court.

(3.) During the pendency of the aforesaid industrial dispute raised by the respondent, the DTC moved an application under Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as "I.D. Act, 1947") seeking approval of its removal order dated 25.07.1994. The said application came to be rejected by the Labour Court vide its order dated 25.03.2003, which order has attained finality as the petitioner's challenge thereto, before this Court and the Supreme Court, has remained unsuccessful. Meanwhile, in the industrial dispute raised by the respondent, the Labour Court vide its impugned order dated 14.05.2010 held the inquiry conducted by the petitioner to be vitiated and thereafter vide its impugned Award dated 31.08.2012, directed the respondent's reinstatement alongwith all consequential benefits including continuity of service except backwages.