- (1.) The petitioner/Delhi Transport Corporation (hereinafter referred to as "corporation") has preferred the present writ petition under Article 226 of the Constitution of India assailing the order dated 4th October, 2007 and Award dated 22nd May, 2010 passed by the Labour Court in ID No. 202/08/96. By the first order dated 4th October, 2007, the Labour Court decided the preliminary issue with regard to legality and validity of the domestic inquiry conducted by the petitioner in favour of the respondent and by the subsequent Award dated 22nd May, 2010, the reference made by the appropriate Government on 13th November, 1996, with regard to removal of respondent from service was answered in favour of the respondent by holding that the order of removal dated 20th January, 1995 suffers the principle of natural justice and the charges against the respondent/workman were not proved. As a result, respondent was directed to be reinstated in the same post with continuity of service and a sum of Rs.30,000/- was awarded as litigation expenses. However, no back wages were granted to the workman.
(2.) A charge sheet that was served upon the respondent in the domestic inquiry held against him and which led to his removal from service was as under:- "That on 17.02.93, while you were on duty on bus No. 9788 of route No. Shivaji Stadium NTPC your bus was intercepted by the checking staff at Dehra Ghal and on checking the alighting passengers it has found that a group of three passengers alighted from the bus without tickets from whom you had collected the due fare but you had not issued the tickets. That you refused to sign on the passengers statements. That your cash was checked and found short by Rupees 24.35p. That above act tantamount to misconduct within the meaning of para 15(b) (f) (h) and (m) of the standing orders governing the conduct of DTC employees."
(3.) A departmental inquiry followed since the respondent denied the charges against him. The inquiry officer made his report, finding the respondent guilty of all the charges levelled against him. On the basis of the inquiry report, the corporation passed the order of his removal from service on 20th January, 1995. 3.A. An industrial dispute was raised by the workman. The Govt. of NCT of Delhi referred the dispute vide order dated 13th November, 1996 with the following terms of reference:- "Whether the removal of Sh. Anant Ram is illegal and, if so, to what relief is he entitled and what directions are necessary in this respect?";