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DELHI HIGH COURT
PRATHIBA M.SINGH
Biri Singh – Appellant
Versus
Delhi Transport Corporation – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.
2. The present petition challenges the impugned order dated 5th October, 2021 in LID No. 559/2019 titled Shri Biri Singh v. Delhi Transport Corporation passed by the PO, Labour Court-08, Rouse Avenue District Courts, New Delhi (hereinafter "Labour Court"). Vide the impugned award the claim of the Workman/Petitioner (hereinafter "Workman") who was working as a Conductor with the Respondent-Delhi Transport Corporation (hereinafter as `DTC') was rejected by the Labour Court.
3. The background of the case is that the Petitioner was appointed as Conductor in the DTC in the year 1983. The case of DTC is that on the intervening night of 19th/20th April 1991 when the Workman was on duty on bus no.9065, a surprise checking team entered the bus at Safdarjung Airport. The checking staff found that 12 passengers who were travelling in the bus were not issued tickets by the Conductor despite collecting the cash from them. A chargesheet was served on the Workman on 6th May 1991. The charges that were alleged against him are as under:
"i) That the workman received the complete fare form the passenger
Employee misconduct regarding ticket issuance and financial discrepancies was sufficiently established, validating the termination under applicable employment laws.
The main legal point established in the judgment is that the establishment of misconduct in a detailed award passed by the Labour Court, supported by evidence and legal principles, justifies the dism....
The court upheld the principle that the Labour Court has the authority to re-appraise the evidence and come to its own conclusion about the guilt or otherwise of the workman. The court also emphasize....
The main legal point established in the judgment is that the evidence adduced by the management was sufficient to prove the misconduct against the workman, and the Workman's past record of repeated c....
The court emphasized the importance of proper evidence and the need for checking cash by the checking staff to establish misconduct. The court also highlighted the limited role of the court under Art....
The court upheld the dismissal of an employee based on sufficient evidence in a domestic enquiry, affirming that procedural fairness does not require the same strict standards as formal court proceed....
The court emphasized the importance of conducting a fair and just enquiry under Section 33(2)(b) of the I.D. Act, and highlighted the need for substantial evidence to prove alleged misconduct.
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