The Delhi High Court has declined to challenge the reinstatement order of a deceased DTC bus conductor who was terminated in 1991 due to a 15-day unauthorized absence
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The Delhi High Court has declined to challenge the reinstatement order of a deceased DTC bus conductor who was terminated in 1991 due to a 15-day unauthorized absence. The court deemed the punishment of removal "shockingly disproportionate" and asserted that even reconsidering the penalty's quantum would serve no purpose as the conductor was no longer alive.
A bench led by then Chief Justice Satish Chandra Sharma dismissed the appeal filed by the Delhi Transport Corporation (DTC) against a 2003 labor court decision, which upheld the conductor's reinstatement with back wages.
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The conductor faced removal from service in January 1992 after a DTC inquiry found him guilty of unauthorized absence. Subsequently, he initiated legal proceedings under the industrial disputes law but passed away during the pendency of the case.
The bench, including Justice Sanjeev Narula, noted that the inquiry was based on the testimony of only one witness, and the inquiry officer doubted the conductor's claim that he took a 15-day leave due to illness, with his leave application submitted through his brother. The court further highlighted that medical certificates were disregarded solely because the treatment occurred in a private hospital, and the fact-finding by the Labor Court was not considered perverse.
The court emphasized the shockingly disproportionate nature of the punishment for a 15-day absence and expressed the unfortunate reality that the conductor was no longer alive. It was informed that the DTC had already paid all terminal dues to the deceased conductor's wife and legal heirs and had implemented the award of reinstatement.
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In its order, the court concluded that there was no reason to interfere with the Labor Court's award and the Single Judge's order, especially considering the workman's demise. The appeal was consequently dismissed.
The court was informed that DTC has paid all the terminal dues to the deceased conductor's wife and legal heirs and implemented the award of reinstatement.
"This Court does not find any reason to interfere with the Award dated 31.05.2003 passed by the Labour Court, nor with the order passed by the learned Single Judge, especially in the light of the fact that the workman is no longer alive and entire terminal dues have been paid to the widow and other LRs of the deceased workman. The appeal is, accordingly, dismissed," the court ordered. (With inputs from agencies)
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