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1983 Supreme(SC) 245

E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY, A.P.SEN
Sadhu Ram – Appellant
Versus
Delhi Transport Corporation – Respondent


Advocates:
ANIL GUPTA, ARUNESHVAR GUPTA, D.N.Vohra, Kailash Mehta, S.N.BHANDARI

JUDGMENT

CHINNAPPA REDDY, J. — Special leave granted.

2. Sadhu Ram was a probationer Bus Conductor whose services were terminated on 7th September, 1967 by the respondent, the Delhi Transport Corporation. On the failure of conciliation proceedings, the Conciliation Officer, Delhi submitted his report to the Delhi Administration under S. 12 (5) of the Industrial Disputes Act, whereupon the Delhi Administration referred the following dispute to the Presiding Officer, Labour Court, Delhi for adjudication : "Whether the termination of service of Shri Sadhu Ram, conductor is illegal and unjustified, and if so what directions are necessary in this respect". The Union on behalf of the workman and the management appeared before the Presiding Officer, Labour Court. On behalf of the management, a contention was raised that the workman had not raised any demand with the management and that there was, therefore, no industrial dispute. The reference was accordingly claimed to be incompetent. The Labour Court overruled the contention, holding as a fact that the Union had raised a valid demand with the management. On merits, the Labour Court gave the following finding : "I, therefore, hold that th





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