Dtc v. Rajender Kumar
Case brief
What is this about?
The workman challenged the Labour Court's award reinstating him after termination for leave without pay. The court held the removal unjustified as leave was largely regularized. It dismissed the writ petition, finding no perversity in the award under Article 226.
What did the court decide?
Writ petition dismissed with no order as to costs; Labour Court award stands.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 3rd December, 2015
- W.P.(C) 3912/2011 DTC ..... Petitioner Through: Mr Sunil Kumar Ojha, Advocate
Versus
RAJENDER KUMAR ..... Respondent Through: Mr H.K. Chaturvedi, Advocate CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA
J U D G M E N T
: SUNITA GUPTA, J.
- By virtue of this writ petition under Article 226 r/w Article 227 of the Constitution of India, the petitioner seeks quashing/setting aside of the impugned award dated 9th December, 2009 in ID No. 251/08/92 passed by the Presiding Officer, Labour Court, KKD Courts, Delhi.
- The respondent (hereinafter referred to as ‘the workman’) was working as a sweeper/cleaner with the petitioner/Delhi Transport Corporation (hereinafter referred to as ‘Corporation’) since April, 1983. His services were terminated vide letter dated 6th July, 1990. As such, an industrial dispute was raised by him which was referred by the Govt. of NCT of Delhi to Labour Court vide reference No. F.24(938)/92-Lab./12378-83 dated 30th April, 1992 with following terms of reference:-
Issues for consideration
3 issues framed by the court
Whether the High Court should interfere with the Labour Court's award reinstating a workman removed for availing leave without pay
Whether the termination of the respondent's service was justified given the evidence on medical certificates and leave applications
Whether the impugned award suffers from any perversity or manifest error warranting interference under Article 226
Parties & counsel
- petitioner
DTC
- respondent
Rajender Kumar
Coram
Sunita Gupta
Case details
As recorded by the court registry
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