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2022 Supreme(Del) 2173

GAURANG KANTH
Bikram Singh – Appellant
Versus
Delhi Transport Corporation – Respondent


Advocate Appeared:
For the Petitioner:Ms. Karishma Singh, Advocate, Mr. Uday N. Tiwari and Ms. Saloni Singh, Advocates
For the Respondent:Mr. Uday N. Tiwari and Ms. Saloni Singh, Advocates, Ms. Karishma Singh, Advocate

JUDGMENT :

Gaurang Kanth, J.

1. Delhi Transport Corporation (“DTC") in W.P(C) No.19645/2005 is assailing the orders dated 06.03.1999 & 9.4.2002 passed by the Industrial Tribunal-II in O.P. No.422/1993 titled as “Delhi Transport Corporation Vs Bikram Singh” (“impugned orders”). Vide the impugned order dated 06.03.1999, the learned Labour Court was pleased to hold that the domestic enquiry conducted by the DTC was vitiated whereas vide the impugned order dated 09.04.2002, the learned Labour Court refused to grant approval to the DTC for the removal of the respondent Shri Bikram Singh (“workman”) from the service as the DTC failed to establish the commission of alleged misconduct by the workman.

2. In W.P(C) No. 14715/2004, the workman is assailing the action of the DTC in not taking him back in service despite the order dated 09.04.2002 of the learned Labour Court rejecting the approval application filed by the DTC under Section 33(2)(b) of the Industrial Disputes Act, 1947 (“the Act”) for removing the workman from the service. The Workman is seeking a direction against the DTC for reinstating him back with full back wages and continuity of service with all consequential benefits.

3. Sin

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