Judgment

HIDAYATULLAH, J.:- This appeal by special leave arises from a dispute between the Delhi Transport Undertaking and its employee Shri Hari Chand, a former conductor of one of its omnibuses, now Assistant Traffic Inspector. By this appeal the Delhi Transport Undertaking impugns an award of the Industrial Tribunal, Delhi dated April 20, 1962. The facts of the case are as follows : Hari Chand was a conductor on omnibus No. 484 of route No. 21 on March 28, 1960. His omnibus was checked at Kashimiri Gate and it was found that he had on his person five used tickets of 5 np. and six used tickets of 10 np. denominations. This was prohibited by cl. (12) of the Executive Instructions dealing with the duties of conductors, and exposed a guilty conductor to the penalty of dismissal. After enquiry into this conduct the charge was held proved, and on the recommendation of the Enquiry Officer the Traffic Manager proposed to dismiss him from October 31, 1961. As this occurred during the pendency of an industrial dispute the Undertaking by an application dated October 28, 1961 sought the approval of the Tribunal to the proposed order of dismisal u/ S. 33(2)(b) of the Industrial Disputes Act,