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2023 Supreme(Del) 628

GAURANG KANTH
Yad Ram Conductor – Appellant
Versus
DTC – Respondent


Advocates:
Advocate Appeared:
Anil Mittal, Shaurya Mittal, Kumar Shubham, U.N. Tiwary.

JUDGMENT :

GAURANG KANTH, J.

1. In the present Writ Petition, the Petitioner/Workman is challenging the Award dated 15.10.2003. (‘impugned award’) passed by the Presiding Officer, Industrial Tribunal-I, Karkardooma Courts, Delhi in I.D. No. 144/2001, titled as ‘The Management of M/s. Delhi Transport Corporation and its Workman Shri Yad Ram Yadav.’

RELEVANT FACTS FOR ADJUDICATION OF THE PRESENT WRIT PETITION

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

3. It is the case of the Respondent/Management that the Petitioner/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 Respondent/Management issued a Charge Sheet dated 15.07.1993. to the Petitioner/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 Petitioner/Workman was on leave without application for 59 days and took unauthorized leave without medical c

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