DTC Vs. SATBIR SINGH

JUDGEMENT

(1.) The present writ petition filed by the Management/Delhi Transport Corporation (DTC) seeks to assail the Award dated 04.09.2009 passed by the learned Labour Court, Karkardooma Courts, Delhi in I.D.No.76/2007. Under the impugned award the Labour Court, after holding that the punishment of stoppage of one increment with cumulative effect awarded to the respondent/workman on 30.10.2001 was illegal and unjustified, has directed the petitioner to refund the amount deducted from his salary.

(2.) The respondent, who was working as a Fitter in DTC, was assigned the duty of checking the sufficiency of mobile oil (hereinafter referred to as 'oil') and other fluids in the fleet of buses operated by the petitioner. On the night of 14.12.2000-15.12.2000, while conducting a routine examination of Bus No.226, the respondent claims that he found the bus to have insufficient oil and, resultantly, added two litres of oil in the engine of the said bus after making the requisite entry in the register.

(3.) On 15.12.2000, when Bus No. 226 left the depot, it came to a halt after merely running for a distance of two and a half kilometres, due to an engine failure. Apprehending that the malfunctioning engine had been caused by the respondent's failure to refill the oil in the bus, DTC issued him a charge sheet on 21.12.2000 setting out the following charges:-