The court emphasized that the punishment awarded to a delinquent employee should be decided by the disciplinary authority and not the court, and the court's interference in such matters is uncalled for.

Vipin Sanghi, J.

By the present petition, the petitioner seeks the setting aside the order of removal dated 21.10.1994 issued by the respondent employer, and the award dated 16.09.1996 passed by the Labour Court, Fast Track-XXI, Karkardooma Courts, Delhi on the reference made by the Appropriate Government with regard to the petitioner's removal from service. The Labour Court has held the petitioner's removal from service as legal and justified. The petitioner was appointed as a bus conductor by the Respondent and was confirmed on successful completion of probationary period w.e.f. 03.09.1986. The petitioner was on duty on interstate bus route from All India Institute of Medical Sciences, New Delhi to Faridabad on bus no. DLP. 9809. The said bus was checked by the checking staff of DTC on 26.04.1993 at 12:30 hours at Ajronda Mor. On the basis of the said check, the petitioner was charge-sheeted on 14.05.1993 on the allegation that the petitioner did not issue tickets to 4 passengers despite collecting fare from them. A domestic inquiry followed, which found him guilty of misconduct. The Disciplinary Authority accepted the Inquiry Report and removed the petitioner from service vide order dated 21.10.1994.

2. The petitioner raised an industrial dispute which was referred to the Labour Court for adjudication. The following preliminary issue was framed on 07.12.1997:

a. Whether the domestic enquiry was not conducted according to the principles of natural justice and is therefore not valid, fair, proper?

3. Vide order dated 03.01.2004, the Labour Court decided the said issue in favour of the respondent management.

4. On the issue framed in terms of the reference, it was contended by the workman before the Labour Court that the punishment awarded is highly disproportionate to the misconduct proved against him. The workman relied upon the circular of DTC dated 03.01.1966. It was contended by the workman that the circular enumerates that the punishment of termination/removal cannot be effected in the facts of this case. The Management also admitted that the circular is still in vogue and has not been superseded.

5. The Labour Court relying on the last para of the said circular held that the punishment awarded to the workman is not in violation of the office order no. 1 dated 3.01.1966. The Labour Court also held that, after a perusal of the record of the petitioner, it is seen that he was placed under suspension w.e.f. 30.10.1987 for issuance of tickets of less denomination after collecting the fare. Later on, his suspension was revoked and the punishment of stoppage of next due increment without cumulative effect was imposed on him.

6. The Labour Court relied upon the judgment of the Supreme Court in Karnataka Bank Ltd. vs. A.L. Mohan Rao, 2006 LLR 252. The Supreme Court in this case had observed that "Setting aside termination of bank employees guilty of serious misconduct after holding of enquiry amounted to misplaced sympathy by the High Court hence the punishment as imposed has been restored buy the Apex Court. It is for the disciplinary authority and not for the Court to decide as to which punishment be imposed on a delinquent having admitted the misconduct hence the interference by the High Court was uncalled for"(emphasis supplied). The industrial adjudicator upheld the removal of the workman from the service and held that the interference of the court is uncalled for.

7. The petitioner submits that at Badarpur Power House, Delhi, 4 ladies boarded the bus, one of them gave Rs. 20/- and asked for 2 tickets for Old Faridabad and 2 tickets for Bata Chowk, Faridabad. The petitioner issued the said tickets for Rs. 18/- and refunded her Rs. 2/- -the balance amount. One of the two ladies who got down at Old Faridabad was carrying all the four tickets. She forgot to hand over 2 tickets to the 2 lady passengers who were in the bus and were to get down at Bata Chowk, Faridabad. The petitioner also submits that no other passenger was fo