D.T.C. vs Ishwar Singh
2005 Latest Caselaw 249 Del

JUDGMENT

Mukul Mudgal, J.

1. Rule. Pleadings are complete. The writ petition is taken up today for hearing.

2. This writ petition challenges Order dated 23rd May, 2003, passed by the Presiding Officer, Industrial Tribunal-II, Karkardooma Courts, Delhi.

3. The only ground on which the Issue No. 2 was decided against the petitioner DTC was non-examination of ticketless passenger travellers. The position of law on this issue is well settled. It is surprising that in spite of the settled position of law laid down by the Hon'ble Supreme Court in State of Haryana v. Rattan Singh , wherein it has been held that non-examination of ticketless passengers should not be a ground for setting aside the domestic inquiry, the Counsel for DTC do not cite this and other relevant judgments before the Tribunal. A learned Single Judge of this Court, Madan Lokur J., in an exhaustive judgment reported in Delhi Transport Corporation v. N.L. Kakkar and Anr. 110 (2004) DLT 493=2004(3) SLJ 366 (Delhi), summarized the position of law by referring to the following judgments :

(a) State of Haryana v. Ram Chander 1976 (2) SLR 690=1976 SLJ 689 (PandH).

(b) State of Haryana v. Rattan Singh .

(c) Delhi Transport Corporation v. Presiding Officer, Additional Industrial Tribunal

I respectfully concur with and an indeed bound by the position of law summed up by the learned Single Judge in DTC v. N.L. Kakkar's case (supra).

4. It is surprising that neither the Counsel for the DTC cited the aforesaid judgment before the Labour Courts/Tribunals nor are the Labour Courts/Tribunal taking note of this settled position of law.

5. Mr. P.L. Sebastian, the learned Counsel, appearing for the respondent/workman has stated that the issue of non-compliance of the Standing Orders was not decided by the Tribunal as the Order dated 23rd May, 2003 was based entirely on non-examination of the passengers.

6. Accordingly the writ petition is allowed and the order dated 23rd May, 2003 is quashed and set aside. The matter is remanded back to the Industrial Tribunal-II, Delhi for considering only this issue of non-compliance of Standing Order. Parties to appear before the Tribunal on 11th May, 2005.

7. The Registry is directed to ensure that a copy of this judgment is sent to the District Judge, who is directed to ensure that this order and the judgment of Justice Madan Lokur in DTC v. N.L. Kakkar's case (supra) is brought to the notice of all Labour Courts/Industrial Tribunals.

8. The writ petition stands disposed of accordingly. All the pending applications stand disposed of.