JUDGMENT

Gaurang Kanth, J. The present petition has been filed under the Article 226 of the Constitution of India for setting aside the impugned orders dated 06.01.2003 ("Impugned order-I") and 01.05.2003 ("Impugned order-II") passed by the Presiding Officer, Industrial Tribunal-II, Karkardooma Court, Delhi ("Labour Court") in O.P. No.452/92. Vide the Impugned order-I, the learned Labour Court held that the Petitioner/Corporation failed to produce the enquiry officer, in absence of whom the proceedings were not proved, and hence the enquiry proceeding was vitiated. Learned Labour Court vide the Impugned order-II dismissed the application filed by the Petitioner/Corporation under Section 33(2)(b) of the Industrial Disputes Act, 1947 ("I.D. Act") on the grounds that the applicant failed to prove alleged misconduct against the Respondent.

FACTS RELEVANT FOR THE ADJUDICATION OF THE MATTER

2. The Respondent was appointed by the Petitioner/Corporation as a conductor in the year 1982. On 31.08.1992, the Respondent was on duty in Bus no. 9115 running in route from Lajpat Nagar to Faridabad. The said bus was checked by the inspection staff of the Petitioner/Corporation. Allegedly, upon the i