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RAJIV SAHAI ENDLAW, AMIT BANSAL
Delhi Transport Corporation – Appellant
Versus
Dheer Singh – Respondent
JUDGMENT
Rajiv Sahai Endlaw, J. - The appeal impugns the judgment dated 28th July, 2020, in W.P.(C) No.6204/2017 preferred by the appellant impugning the Award dated 6th September, 2016 of the Labour Court in an industrial dispute referred for adjudication.
2. We have heard the counsel for the appellant Delhi Transport Corporation (DTC) as well as the counsel for the respondent/workman.
3. The respondent/workman was employed as a driver with the appellant DTC. On 10th January, 2006, he was on duty on route no. 33 from Bhajanpura to Noida, with Sat Pal Singh as the conductor on the said bus. The said bus met with an accident near the subway at Gokalpuri, Delhi; no injury however was caused to any passenger and no damage done to the bus. The Police Control Room van which was immediately called to the site, took the driving license and badge of the respondent/workman and handed over the same to the conductor Sat Pal Singh for deposit with the appellant DTC. Disciplinary proceedings were initiated against the respondent/workman, resulting in the Disciplinary Authority of the appellant DTC, on 30th June, 2006, terminating the respondent/workman from service.
4. On the respondent/workman rai
The main legal point established in the judgment is the court's affirmation of the Labour Court's exercise of powers under the Industrial Disputes Act, considering the long service of the respondent ....
The court affirmed the Labour Court's discretion to modify punishment for misconduct based on mitigating circumstances, granting partial back wages despite serious transgressions.
The Labour Court cannot modify disciplinary punishment unless it is shockingly disproportionate to the established misconduct; failure to provide cogent reasons for modification renders the interfere....
Acquittal in a criminal trial has no bearing or relevance on disciplinary proceedings as standard of proof in both cases are different and proceedings operate in different fields and with different o....
The principle of 'No Work No Pay' does not apply if an employee is wrongfully terminated and prevented from working, entitling them to reinstatement and potentially full back wages.
In cases of wrongful termination of service, the employee is entitled to back wages unless the employer proves that the employee was gainfully employed during the relevant period.
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