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2001 Supreme(Del) 1547

VIKRAMAJIT SEN
DELHI TRANSPORT CORPORATION – Appellant
Versus
OM KUMAR – Respondent


Advocates Appeared:
Anil Mittal, ATMA RAM, B.S.Charya, D.N.Vohra, SHRABANI CHAKRABARTY, Vibhu Shankar

VIKRAMAJIT SEN

( 1 ) FOR justifying its action in putting an end to the services of its sundry workmen, the Delhi Transport corporation (hereinafter referred to as the DTC ) has relied on Regulation 14 (10) (c) of the Delhi Road transport Authority (Conditions of Appointment and service) Regulations, 1952 (hereinafter referred to as the said Regulations ), which empowers the Management to deem/assume that its workman has resigned from service in the event that he overstays his sanctioned leave. On an industrial dispute having been raised and referred for adjudication, the Labour Court has not found the action of the Management treating the workman as having resigned from his service to be in consonance with law. The workman concerned has therefore been ordered to be reinstated along with a portion of backwages. The awards have been assailed by the DTC in a batch of writ petitions. The gravamen of the arguments advanced on behalf of the DTC is that the Regulations have statutory force and hence must be applied without hesitation, restriction or reservation de hors the constraints end dictates of the principles of natural justice. As can be expected the workmen have supported the fi






























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