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2023 Supreme(Del) 1301

GAURANG KANTH
Delhi Transport Corporation – Appellant
Versus
Baleshwar – Respondent


Advocates appeared:
Mr. Sarfaraz Khan, Advocate, for the Petitioner.
Ms. Rashmi B. Singh, Advocate, for the 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 statement

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