DELHI TRANSPORT CORPORATION vs MAHENDER SINGH

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Pronounced on : 07.01.2025 + W.P.(C) 10360/2016 DELHI TRANSPORT CORPORATION .....Petitioner Through: Ms. Aditi Gupta, Adv. versus MAHENDER SINGH .....Respondent Through: Mr. S.C. Sharma, Adv. with Mr. Ashish Verma, Adv. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J. 1. The challenge in the present petition is to an Award dated 20.07.2016 passed by the learned Presiding Officer, Labour Court- XVII, Karkardooma Court, Delhi in the matter titled as ‘M/s. Delhi Transport Corporation v. Sh. Mahender Singh’ [hereinafter referred to as “Impugned Award”]. 2. The Coordinate Bench of this Court had by an order dated 04.11.2016 passed directions staying the enforcement of the Impugned Award. Thereafter on 15.10.2019, the Petitioner/DTC was directed to produce the relevant medical record of the Respondent/Workman including finding of the Medical Board. The records have since been filed by the Petitioner/DTC on 14.08.2024, during arguments before this Court. 3. Briefly the facts in the present case are that the Respondent/Workman had joined the services of the Petitioner/DTC Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:09.01.2025 W.P.(C) 10360/2016 Page 1 of 23 00:29:47 in the year 1983 as a Retainer Crew Driver and his services were regularized in the year 1985, making him a permanent employee of the Petitioner/DTC. 4. The services of the Respondent/Workman were terminated by the Petitioner/DTC on 16.10.2007 pursuant to the disciplinary proceedings initiated against him. It is the case of the Petitioner/DTC that the Respondent/Workman was absent from his duty from 01.01.2007 to 31.05.2007. An enquiry was held pursuant to which the Respondent/Workman was charge-sheeted on 12.06.2007