MANJU GOEL, J.

( 1 ) THE respondent was an employee of the petitioner Corporation as a Driver. He was charge-sheeted on July 7, 1988 for having been absent for 112 days without sanctioned leave. He was charged with misconduct within the meaning of para 95 (1) of D. M. C. Act read with paras 19 (h) and (m) of the Standing Orders governing the conduct of DTC employees. Thereafter an inquiry was ordered. The respondent admitted before the Inquiry Officer that he had availed of 112 days' leave without pay and asked for forgiveness. The Inquiry officer returned a finding on September 7, 1988 that the charges have been proved. The respondent was eventually removed from the service of the petitioner Corporation under clause 15 (2) (vi) of the D. R. T. A. (Condition of Appointment and Service) Regulation, 1952. The respondent raised an industrial dispute about the illegality and unjustifiability of the termination of his employment. The Tribunal passed an Award on August 4, 2004. It appears from the Labour Court's Award that no objection to the validity of the inquiry into the alleged misconduct was raised. The only contention of the workman before the Labour court was that the workman ha