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POONAM A. BAMBA
Delhi Transport Corporation – Appellant
Versus
Ramanand – Respondent
JUDGMENT
Poonam A. Bamba, J. Vide this petition, the petitioner has sought quashing of order/award dated 04.06.2015 of the learned Presiding Officer, Labour Court, Karkardooma Courts, Delhi in ID No. 305/08/98.
2. The respondent was employed as conductor with the petitioner when his removal from service was ordered. He was suspended with effect from 10.04.1995 and was served with a charge sheet on 10.05.1995. Pursuant to raising of industrial dispute by the respondent, following reference vide order dated 01.09.1998 was made by the Government of NCT of Delhi to the learned Labour Court:
"Whether the removal of Sh. Ramanand from service is illegal/or unjustified and, if so, to what relief is he entitled and what directions are necessary in this respect"
3. While answering the said reference, the learned Labour Court vide order dated 27.07.2009 decided the issue number 1 i.e., "whether the management has not conducted a fair and proper enquiry in accordance with the principles of natural justice" in favour of the respondent/workman and against the petitioner/management and listed the matter for evidence on merits. After leading of evidence, the learned Labour Court vide impugned awar
Disciplinary actions must consider intent and circumstances surrounding alleged misconduct, ensuring punishment is proportionate to the situation.
The main legal point established in the judgment is the court's affirmation of the Labour Court's exercise of powers under the Industrial Disputes Act, considering the long service of the respondent ....
The court affirmed the Labour Court's discretion to modify punishment for misconduct based on mitigating circumstances, granting partial back wages despite serious transgressions.
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