JUDGEMENT
Hima Kohli, J. -
(1.)The present petition plays out a modern day version of the Biblical story of "David and Goliath", where the petitioner/DTC, a Public Sector Undertaking has played to the hilt, the role of the giant, Goliath, a nine foot soldier from Gath, who had vainly boasted that he could beat any individual soldier in the Israelite army and the respondent No. 3, who was employed as a Conductor with the petitioner/DTC, is the contextual David, the shepherd boy, who has been valiantly facing the wrath of a leviathan in the shape of the petitioner/DTC, for the past over four decades, on an allegation that he had misappropriated 10 paise from a passenger without issuing her a ticket for an actual fare of 15 paise.
(2.)The Review Petitionist/DTC has filed the present Review Petition seeking review of the judgment dated 25.04.2007, dismissing the writ petition directed against the Award dated 26.02.1990, passed by the Presiding Officer, Labour Court. Accompanying the present petition is an application under Sec. 5 of the Limitation Act, praying inter alia for condonation of delay of 350 days in filing the Review Petition.
(3.)A glance at the facts of the case is necessary. The case dates back to August, 1973 when the respondent No. 3/Workman was in the employment of the petitioner/Corporation as a Conductor and was challaned by the Checking Staff of the Corporation on the allegation that he had collected 10 paise from a lady passenger against the actual fare of 15 paise and that he had pocketed the said amount by not issuing a ticket to her. A domestic enquiry was conducted against the respondent No. 3 and he was dismissed from service on 15.07.1976. Aggrieved by the dismissal order, the respondent No. 3 had raised an industrial dispute and the matter was referred to the Labour Court vide reference dated 18.07.1982. The Labour Court had passed the impugned Award dated 26.02.1990, holding inter alia that the enquiry conducted by the petitioner/DTC was illegal and unjustified and the respondent No. 3/Workman was directed to be reinstated with full back wages.
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