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CHANDRA DHARI SINGH
Chander Bhan (Deceased) Thr Lrs. – Appellant
Versus
Delhi Transport Corporation – Respondent
ORDER
Chandra Dhari Singh, J. (Oral) - The instant petition under Articles 226/227 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to issue a writ of certiorari or any other appropriate writ, direction or order and set aside the impugned award dated 01.10.2016 and order dated 22.08.2016 on issue of enquiry and allow the statement of claim of workman/petitioner and treat him as reinstated to service allow full back wages and continuity of service but since he has died, the relief be moulded in monetary terms or otherwise as this Hon'bie Court may deem fit and proper in favour of his LRs, the present petitioner on the facts and circumstances of the case;
Any other relief which this Hon'bie Court may deem fit and proper be passed as well as the cost of the proceedings be awarded."
2. The petitioner joined the respondent Corporation in 1977, and was working as a conductor in the respondent Corporation. During the year 1990-91, the petitioner had taken 92 leaves without intimating the authorities, thereby leading to issuance of show cause notices s
The limitations of the Writ Court in determining the factual matrix and the scope of power to issue a writ of certiorari.
The finality of the Labour Court's findings and the limited scope of re-appreciating evidence in a writ petition under Article 226 of the Constitution of India.
The judgment established the importance of adhering to the principle of natural justice in disciplinary proceedings and emphasized the need for proportionality in imposing punishments for misconduct.
The court established that an employee's admission of misconduct during an enquiry, coupled with a history of repeated violations, justifies termination, provided that the enquiry adheres to principl....
The management must seek leave of the court/tribunal in the written statement itself to lead additional evidence to support its action in the alternative and without prejudice to its rights and conte....
Unauthorized absence due to illness can be justified under compelling circumstances, affecting the severity of disciplinary action imposed.
The termination of employment must be in accordance with the principles of natural justice, and compensation may be awarded in lieu of reinstatement depending on the circumstances.
The main legal point established in the judgment is that disciplinary authorities must act fairly and in accordance with the applicable rules. Non-cooperation and deliberate non-compliance with trans....
Factual findings of the Labour Court cannot be dislodged unless there is a jurisdictional error, violation of principles of natural justice, or error apparent on the face of the record.
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