Delhi High Court - Orders
Delhi Transport Corporation vs Bhudev Sharma (Since Deceased) Through ... on 4 January, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9724/2023 & CM APPL. 37297/2023
DELHI TRANSPORT CORPORATION ..... Petitioner
Through: Mr.Santosh K.Tripathi, Standing
counsel with Ms.Prashansa Sharma,
Ms.Nitika Vir and Mr.Utkarsh Singh,
Advocates
versus
BHUDEV SHARMA (SINCE DECEASED) THROUGH HIS
LEGAL HEIRS ..... Respondent
Through: Nemo
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 04.01.2024
1. The instant writ petition under Article 226 of the Constitution of India has been filed on behalf of petitioner seeking the following reliefs:-
"a) Set aside the impugned order dated 03.02.2023 passed by the Ld. Labour Court, Rouse Avenue awarding the Respondent 50% back wages on his last drawn wages or minimum wages, whichever is higher, from the date of termination up to the date of the award.
b) Pass any other order which deem fit and proper in fact and circumstances of this case."
2. Learned counsel appearing on behalf of petitioner submitted that the respondent (deceased) was appointed at the post of Retainer Crew Conductor in the petitioner corporation/DTC w.e.f. 15th March, 1984. It is This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/01/2024 at 21:53:12 submitted that the charge against the petitioner allowing passengers on the bus (Khanpur to Badarpur Border)- without issuing the tickets but duly collecting the fare money from them. The said charge was discovered by Sh. Ram Gopal-TS, Ran Singh TI, Vijay Kumar TI, and Dhanpal- ATI. The respondent was found to be in possession of Rs. 1772 in excess of the cash collected by him. The vigilance team prepared checking report no. 673342 and Challan No. 1657 for non-issuance of tickets. It is submitted that subsequently, chargesheet dated 27th January, 2012 was issued to the respondent and an inquiry was conducted by the management, thereby, providing the respondent with an opportunity to present his case. Thereafter, the respondent admitted to the charges framed in the chargesheet vide application dated 9th February, 2012. It is further submitted that the respondent was dismissed from services vide show cause notice (SCN) dated 21st March, 2012. The respondent raised an industrial dispute before the Labour Court Rouse Avenue vide case bearing LIR No. 3632/2016. The aforesaid dispute was decided by the learned Labour Court vide order dated 3rd February, 2023, in favour of the respondent.
3. Learned counsel appearing on behalf of petitioner submitted that the petitioner corporation suffered financial loss due to the misconduct at the hands of the respondent and the said misconduct is an offence under guidelines regarding duties of a conductor and in violation of para 2(ii) and 19 (F) (H) (M) of Standing Order Governing Conduct of Employees. It is submitted that at the time of the enquiry, the respondent was provided with an option to be assisted by his co-workers, Labour welfare inspectors and Labour Welfare officers for guidance, however, the respondent failed to avail the opportunity. It is further submitted that the respondent admitted his This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/01/2024 at 21:53:12 fault vide application dated 9th February, 2012 and, hence, there can be no question to record the statement of eyewitnesses. Moreover, the learned Labour Court has wrongly held that the respondent was not given ample opportunity to defend his case.
4. Heard.
5. After hearing learned counsel appearing on behalf of petitioner and perusing the material available on record, the Court is of the opinion that the matter requires consideration. Accordingly, the operation of the impugned order dated 3rd February, 2023 is kept in abeyance till the next date of hearing.
6. On filing PF within a week, issue notice to the respondent through all permissible modes, returnable on 4th April, 2024.
CHANDRA DHARI SINGH, J JANUARY 4, 2024 dy/db Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/01/2024 at 21:53:13