Labour and Industrial
Reinstatement without back-wages—Challenged—Respondent workman joined as conducted with the petitioner/DTC—Respondent was served with a charge-sheet on the ground that respondent did not issue ticked however, collected the fare from the passengers regarding the same—Tribunal held that inquiry conducted by the petitioner against the workman was not in accordance with the principles of natural justice—Non-supply of log book and absence of proper documents to prove the fact that petitioner was allowed to inspect the documents considered during the inquiry proceedings, vitiated the enquiry proceedings—Factum that respondent was not allowed to be represented by the defence assistant as well as the past record was not enclosed with the charge-sheet, establishes that the enquiry proceedings were conducted in violation of principles of natural justice—Statement of passengers were shrouded with discrepancies—Since the petitioner was not able to establish the fact that any misconduct was committed by respondent hence, the respondent is entitled to be reinstated—Respondent is not entitled to any backwages due to his past record—Impugned award does not suffer from any illegality or any error apparent on the face of it—Petition dismissed.
[Paras 30, 31, 41, 42 & 45]