DTC Vs. SATYA NARAIN

JUDGEMENT

(1.) Vide the present petition, petitioner has assailed the order dated 30.07.2009 passed by Ld. Labour Court in ID. No.172/08/97 as well as the impugned award dated 01.07.2010, vide which the respondent / workman was reinstated in service without back wages.

(2.) Mr. Sarfaraz Khan, ld. Counsel appearing on behalf of the petitioner submits that respondent / workman has admitted his guilt in the enquiry and the same has been accepted by the Disciplinary Authority. Accordingly, vide order dated 26.10.1995, show cause notice to the enquiry report was issued. Respondent / workman filed reply thereto. However, finding no substance in his reply, Petitioner Corporation passed removal order dated 09.12.1996 against the respondent / workman.

(3.) Mr. Khan submits that there is no violation of the natural justice. Respondent / workman was given opportunity to lead evidence and defend his case, however, preferred not to lead any evidence. Thus, the enquiry was held against the respondent / workman. Therefore, the removal order passed by the petitioner was fully justified. Despite, the ld. Tribunal has reinstated the respondent / workman in service, which is unjustified, illegal and not sustainable in law.