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2007 Supreme(Del) 662

KAILASH GAMBHIR
DELHI TRANSPORT CORPORATION – Appellant
Versus
PRATAP SINGH – Respondent


Advocates Appeared:
G.S.Chaturvedi, Lalit Sharma, RAM SEVAK


KAILASH GAMBHIR, J.

( 1 ) RULE. With the consent of counsel for the parties the matter is set for final hearing.

( 2 ) THE petitioner is aggrieved with the impugned award on the premise that the Labour Court has placed undue weightage on non-supply of some documents to the workman and non production of ticketless passengers during the course of the enquiry proceedings. The contention of counsel for the petitioner is that the charged employee who was a conductor at the relevant time had misconducted himself by indulging into an act of corruption in not issuing the tickets in as much as to 12 passengers and such serious misconduct should have weighed with the Labour Court while deciding the reference. Another contention which has been raised by the counsel for the petitioner is that the enquiry proceedings are not governed by strict rules of Evidence Act and it is only total lack of evidence but not sufficiency of evidence could be a ground for interference by the Labour Court in the findings of the enquiry officer. Counsel for the petitioner further submitted that it is not merely non-supply of the documents to the workman but coupled with prejudice being caused to the rights of t





















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