JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

Leave granted.

1. The appellant was employed as a conductor on 22nd June 1985 by the respondent-Delhi Transport Corporation. The appellant was served with a charge sheet on 8th September 1992 alleging that while discharging duties as a conductor on a particular route, he collected a sum of Rs. 4/- from two passengers, but failed to issue tickets to them. After enquiry, the respondent passed an order of removal of the appellant from service with effect from 14th June 1996.

2. The respondent raised an Industrial Dispute before the Labour Court and challenged the enquiry and consequent order of removal. The Labour Court, after hearing the parties, came to the conclusion that the enquiry was illegal. Therefore, the Labour Court permitted the respondent to adduce evidence. By the award dated 17th March 2009, the Labour Court came to the conclusion that the charge against the appellant was not established by the respondent. Accordingly, by the said award, the Labour Court passed an order of reinstatement of the appellant in service. The Labour Court was of the view that the appellant has not discharged the burden of proving that he was not gainful