MAHINDER SINGH Vs. PRESIDING OFFICER LABOUR COURT
LAWS(DLH)-2022-9-103
HIGH COURT OF DELHI
Decided on September 27,2022

MAHINDER SINGH Appellant
VERSUS
PRESIDING OFFICER LABOUR COURT Respondents

JUDGEMENT

GAURANG KANTH,J. - (1.)The present writ petition is filed under Article 226 of the Constitution of India for setting aside the Awards dtd. 11/9/2002 and 24/9/2002 passed by learned Presiding Officer, Labour Court-IV, Karkardooma Courts, Shahdara, Delhi ("Impugned Awards") whereby the learned Presiding Officer has held that the termination order passed by the competent authority after accepting the report of Enquiry Officer dtd. 14/7/1987 was correct.
FACTS OF THE CASE

(2.)The facts borne out of the records leading to the present petition are that the Petitioner was appointed as a driver with the DTC in the year 1979. On 21/10/1983, the petitioner was served with a chargesheet for alleged misconduct. According, to the Charge-sheet, the petitioner along with his two other associates entered the office of Mr. K. K. Berry, Depot Manager, DTC and during the discussion, the petitioner used abusive language and assaulted the Depot Manager. Petitioner filed a reply against the allegations levelled against him in the Charge-sheet. However, the competent authority was not satisfied with his reply and a regular enquiry was initiated against the Petitioner. After conducting the enquiry, the Enquiry Officer submitted his report dtd. 14/7/1987 wherein the petitioner was found to be guilty of all the charges levelled against him. Hence vide memorandum dtd. 19/6/1987, the respondent removed the petitioner from his services.
(3.)The Petitioner raised an industrial dispute against the termination order dtd. 19/6/1987 which was referred to the learned Labour Court, Delhi for adjudication with the following terms of reference:
"Whether the termination of the services Sh. Mahinder Singh is illegal and/or unjustified and if so, to what relief is he entitled to and what directions are necessary in this respect?"



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