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2010 Supreme(Del) 250

KAILASH GAMBHIR
Veer Chand – Appellant
Versus
D. T. C. – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: G.S. Charya, Adv.
For Respondents/Defendant: Aarti Mahajan Shedha, Adv.

JUDGMENT

Kailash Gambhir, J.

1. By this petition filed under Article 226 of the Constitution of India, the Petitioner seeks to challenge the award dated 13.7.2006 passed by the Labour Court in ID No. 266/99 whereby the reference was answered against the Petitioner workman by upholding his termination as legal and justified.

2. Brief facts relevant for deciding the present petition are that the Petitioner was employed with the Respondent corporation as a tyre-man in 1983 and was served with a charge-sheet dated 10.6.1992 where it was alleged that the Petitioner remained absent from duty from 24.2.1992 to 11.5.1992. Thereafter, inquiry proceedings were initiated against the Petitioner where he was held guilty of misconduct and hence his services were terminated vide order dated 20.11.1992. Subsequently, the Petitioner raised an industrial dispute bearing ID No. 266/99 whereby the learned Labour Court vide order dated 13.7.2006 upheld the punishment of removal awarded to the Petitioner. Feeling aggrieved by the same, the Petitioner has preferred the present petition.

3. Before addressing the arguments, at the outset, Counsel for the Petitioner submits that the Petitioner is ready to foreg







































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