(1.) By this writ petition, the petitioner has challenged the validity of order dated 23rd December, 2002 of Industrial Tribunal-II, Karkardooma, Delhi whereby the Tribunal dismissed the application under Section 33(2)(b) of the Industrial Disputes Act.
(2.) Briefly, the facts are that the respondent Mahesh Chand was working as a driver with the petitioner. On 20th March, 1991, he indulged into misconduct and following charges were levied against him:
1. On March 20, 1991 at about 1515 hours when Shri Harish Gupta, Depot Manager, Nand Nagri Depot and Shri P.K. Roy, Assistant Engineer were standing near a washing shed, you came along with S/Shri Om Prakash, driver, B. No. 5145, Ram Gopal, driver B. No. 6153, Bishan Singh, conductor B. No. 12112 and Md. Shahid, conductor B. No. 16813, and after giving a warning physically assaulted the Depot Manger, and said that "you suspended Om Prakash and did not put me on inside-duty, now see your fate."
2. You, with the help of your colleagues S/Shri Ram Gopal, driver B. No. 6153 and Om Prakash, driver B. No. 5145 physically assaulted the Depot Manager.
3. You, despite the presence of a large number of employees and the request of the depot manager to call the security guards, did not let anyone move from the place and threatened that you would kill anyone who moved from their respective places and challenged the employees in favour of the depot manger to come forward.
4. Later when the Depot Manager reached near the control room, you again physically assaulted hi, which was witnessed by Shri Tejpal, Assistant Traffic Inspector, T. No. 16035.
5. Because of your rowdy behaviour, the discipline of the entire depot was broken and, not only this, the incident was widely publicised in the newspapers of March 22, 1991 due to which the image of the Corporation was lowered.
Your above said acts amounts to misconduct within the meaning of para 19(g) of the D.R.T.A. Regulations.
(3.) An enquiry was held into the charges and the respondent was given full opportunity to defend his case. The Enquiry Officer found all the charges, leveled in the charge-sheet, proved against the respondent and forwarded his report to the Disciplinary Authority. After considering the report of the Enquiry Officer and past record of the respondent, Disciplinary Authority issued show cause notice dated 4th December, 1991 directing the employee to show cause as to why he should not be removed from the service. The respondent submitted no reply to the show cause notice and Disciplinary Authority imposed a punishment of dismissal from service vide an order dated 13th January, 1992. The order reads as under:
DELHI TRANSPORT CORPORATION
(A GOVT. OF INDIA UNDERTAKING)
SHAHDARA DEPOT - II, DELHI - 32
No. SHD-II/A.I.(T)/Gen-14/91/92/89 Dated : 13/1/92
Shri Mahesh Chand, s/o Sh. Rohtas Singh Sharma Driver, B. No. 11604, Pay Token No. 34705 failed to submit his reply in response to Show Cause Notice No. SHD-II/A.I.(T)/Gen-14/91/855 dated 4.12.91. Therefore, it is assumed that he has no representation to defend the charges levelled against him vide Charge Sheet No. SHD-II/A.I.(T)/Gen-14/91/341 dated 3.4.91. Hence the following penalty is imposed upon him.
He is removed from the services of the Corporation with immediate effect under Clause 15(2)(vi) of DRTA Rg. 1952.
An application under Sub-section (2)(b) of Section 33 of the Industrial Disputes Act, 1947 (14 of 1947) in the matter of reference No. S. No. 17 of 1938 has simultaneously being filed before the Industrial Tribunal-II, Delhi.
One month s wages payable to Shri Mahesh Chand, Driver B. No. 11684, Pay Token No. 34705, under Sub-section (2)(b) of Section 33 of the Industrial Disputes Act, 1947 has been sent to him on 13.1.1992 through money order.
He is requested to deposit all the D.T.C. articles with D.M. SHD-II, in his possession within 24 hrs of the receipt of this memo. Non deposit of the D.T.C. articles by him in accordance with the instructions contained in office order No. 2 dated 27.1.54 will render him liable to pay a penalty of Rs. 2/- per day for the days he keeps any of the D.T.C. articles in his possession after the specified period of 24 hours. (Sd/-) DEPOT MANAGER Shri Mahesh Chand S/o. Sh. Rohtas Singh Sharma Driver B. No. 11694 Pay Token No. 34705 F-45, Ganga Vihar, Delhi-94 Copy to : - Cashier, SHD-II PBC/PFC (BR) alongwith the case file containing ____ pages All G.M.s R.M.s (OP), R.Ms. (tech.) Liver Officer All DMs Convenor allotment board Hindi Officer Acctt./PF/BF/HQ Secy. to C.M.D. O.S. (Disc. Cell) HQ./All RAO/Sr. Vigilance Officer A.O. (R&M)/Dy. CAO(E)/&I.S./Chief Security Officer T.I. (sch)./I/C ATI C&A, Audit Clerk, A.I.(T) Settlement Clerk SHD-II.;