JUDGMENT :

GAURANG KANTH, J.

1. In the present Writ Petition, the Petitioner/Management is challenging the Award dated 13.02.2003. (‘Impugned Award’), passed by the Presiding Officer, Industrial Tribunal-II, Karkardooma Courts, Delhi in O.P. No. 297/1994 titled as Delhi Transport Corporation v. Sh. Yad Ram.

RELEVANT FACTS FOR ADJUDICATION OF THE PRESENT WRIT PETITION

2. The Respondent/Workman joined as a conductor with DTC on 18.08.1978..

3. It is the case of the Petitioner/Management that the Respondent/Workman used to remain absent from his duty unauthorizedly without prior permission between the period 01.01.1992. and 31.12.1992. and has not given any application for leave between the same period.

4. Consequently, on the basis of Report dated 06.04.1993. submitted by Junior Pay Bill Clerk, the Petitioner/Management issued a Charge Sheet dated 15.07.1993. to the Respondent/Workman for remaining absent without permission for 140 days between the period 01.01.1992. and 31.12.1992.. It is stated in the charge sheet that the Respondent/Workman was on leave without leave application for 59 days and took unauthorized leave without medical certificate for 81 days. It is further stated in the