GULSHAN Vs. DELHI TRANSPORT CORPORATION THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR I P ESTATE DEPOT I P ESTATE, NEW DELHI

JUDGEMENT

(1.) The widow of one Shri Suresh Kumar, who was engaged as Sweeper by the respondent -Corporation, filed writ petition before the High Court of Delhi, which was registered as CWP No.6318/2001. The grievance raised in the writ petition was regarding payment of back -wages of the deceased employee and also to employ the widow of the deceased on compassionate grounds. The said writ petition was transferred to this Tribunal and was registered as TA No.472/2009.

(2.) At this stage, few relevant facts may be noticed. The petitioner was employed as Sweeper with the Delhi Transport Corporation (DTC) w.e.f. 28.12.1977. The conduct and the past records of the deceased were very dismal and showed a very gloomy picture and on 4.5.1989 at about 2.30 p.m., it was found that the petitioner workman (deceased employee) had indulged in theft of about 5/6 kg. of aluminum sheets and thereby causing financial loss to the Corporation. Charge sheet dated 22.5.1989 was served upon the deceased on the aforesaid ground. Ultimately he was removed from service of the Corporation vide order dated 14.5.1990. Thereafter the Corporation filed application under Section 33 (2) (b) of the Industrial Disputes Act, 1947 for seeking permission regarding the removal order dated 14.5.1990. The said application was registered as OP No.26/1990. However, the Industrial Tribunal II vide order dated 23.3.2001 rejected the petition of the respondents. It is not in dispute that the said order of the Industrial Tribunal has been challenged by the respondents before the High Court on the ground that it was not legally permissible for the Industrial Tribunal to rely upon the statement of the wife of the deceased while negating the case of the Corporation. As already noticed above, the widow of the deceased has also filed writ petition before the High Court for the payment of back -wages, as the Industrial Tribunal II has not approved the application of the Corporation for termination of the services of the deceased workman vide order dated 14.5.1990.

(3.) An opportunity was given to the respondents to bring on record the fact as to whether what is the status of the proceedings before the High Court against the order of the Industrial Tribunal dated 23.3.2001. Simultaneously, vide order dated 6.5.2010 liberty was granted to the parties to move an appropriate application before the High Court for recalling the case from this Tribunal for adjudication.