Decided on September 06,2007

D T C Appellant
OM SINGH Respondents


- (1.) THIS appeal is directed against the judgment and order dated 23rd March, 2006 passed by the learned single Judge, whereby the writ petition of the appellant was dismissed. The learned Single Judge by the aforesaid order decline to interfere with the order passed by the industrial adjudicator under section 33 (2) (b) of the Industrial Disputes Act, 1947 dismissing the application filed by the management. While dismissing the' writ petition, the learned single Judge has held that there was no material whatsoever before the industrial adjudicator to arrive at a conclusion that the workman was negligent in performing his duties or was indulging in habitual absenteeism, which had caused any kind of loss to the management.
(2.) BEING aggrieved by the aforesaid order of the learned Single Judge, the present appeal is filed by the Delhi Transport Corporation. Learned counsel for the appellant has submitted before us that the order passed'by the learned Single Judge holding that there was no material before the industrial adjudicator to arrive at a conclusion that the workman was habitually negligent from performing his duties is perverse as in the charge-sheet itself, reference was made to the past records of the respondent. It is also stated that along with the charge-sheet, a copy of the past records of the respondent was also communicated to him so that he could file his reply and thus there was enough material on record to show that he was in the habit of absenting himself from duty without authority. It is submitted that in any case, order of the learned single Judge and also the order of the industrial adjudicator are liable to be set aside and quashed as they have failed to appreciate the gravity of the offence committed by the respondent absenting from duty without authority and therefore, negligent in performing his duties.
(3.) IN order to appreciate the aforesaid contention of the learned counsel for the appellant, we have also heard the learned counsel for the respondent and perused the records.;

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