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GAURANG KANTH
DTC – Appellant
Versus
Baleshwar – Respondent
JUDGMENT :
(Gaurang Kanth, J.) :—
1. The present petition emanates from the award dated 31.03.2010 (“impugned award”) passed by the Learned Presiding officer, Industrial tribunal-II, Karkardooma Courts, Delhi in I.D. No. 18/02.
2. Vide the impugned award, the learned Labour Court was pleased to adjudicate the industrial dispute in favour of the Respondent/Workman and directed reinstatement of the Respondent/Workman with continuity of service. Learned Labour Court, further, directed the Petitioner/Management to pay the Respondent/Workman 40% of the back wages.
FACTS RELEVANT FOR THE ADJUDICATION OF THE PRESENT WRIT PETITION
3. Respondent/Workman was working as a conductor with the Petitioner/Management. On 05.08.1992, while the Respondent/Workman was performing his duty as a conductor in bus no. 6097, Route No. Faridabad Sector 7 to Delhi, the checking staff of the Petitioner/Management intercepted the said bus. During the said inspection, a passenger was found to be travelling without ticket. The checking staff found that the Respondent/Workman failed to issue ticket to the said passenger even after collecting the ticket fare of Rs. 2/- from him. The checking staff recorded the statem
The court upheld the principle that the Labour Court has the authority to re-appraise the evidence and come to its own conclusion about the guilt or otherwise of the workman. The court also emphasize....
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Rejection of an approval application under Section 33(2)(b) of the Industrial Disputes Act, 1947 deems that the order of discharge or dismissal had never been passed, entitling the employee to reinst....
The court emphasized the importance of conducting a fair and just enquiry under Section 33(2)(b) of the I.D. Act, and highlighted the need for substantial evidence to prove alleged misconduct.
The main legal point established in the judgment is that the establishment of misconduct in a detailed award passed by the Labour Court, supported by evidence and legal principles, justifies the dism....
Employee misconduct regarding ticket issuance and financial discrepancies was sufficiently established, validating the termination under applicable employment laws.
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