Decided on March 06,2007

D.T.C. Appellant
BALBIR SINGH Respondents


REKHA SHARM]A, J. - (1.) THE impugned award dated 16th April, 2004 has been passed by the labour court in favour of the workman holding that his removal from the service was unjustified for the reason that taking leave without pay does not amount to misconduct as has been held by Division Bench of this Court in Sardar Singh vs. Delhi Transport Corporation (DTC) in LPA No. 361 of 2002. It is submitted that the aforesaid judgment has been reversed by the Supreme Court reported in Delhi Transport Corporation vs. Sardar Singh AIR 2004 SC 4161.
(2.) HAVING regard to the judgment of the Apex Court, the award in question is set aside. However, the case is remanded back to the Labour Court No. VII, Delhi, to go into the question whether the workman had applied for medical leave and if so, whether it pertained to the whole period of his absence from service or was submitted intermittently for some period. The Labour Court shall permit both sides to lead their respective evidence and will answer the reference in the light of the evidence that will be led before it. The Labour Court shall make all endeavour to dispose of the case expeditiously and in any case not later than six months from now. As ordered by this Court on 17th November, 2005, the petitioner shall pay to the workman Rs. 7,500/- towards litigation expenses. The writ petition stands disposed of. The parties shall appear before the Labour Court on 4th April, 2007.;

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