NEPAL SINGH ..... Appellant versus
DELHI TRANSPORT CORPORATION ..... Respondent Advocates who appeared in this case:
For the Appellant : Mr Atul T.N.
For the Respondent : Mr Manish Garg
CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED, ACTING
CHIEF JUSTICE
HON'BLE MR JUSTICE VIBHU BAKHRU
JUDGMENT
VIBHU BAKHRU, J
1. The present appeal impugns the order dated 21.01.2013 passed by a Single Judge in W.P.(C) 8046/2010. The learned Single Judge has allowed the writ petition filed by the respondent herein and has quashed the order dated 05.10.2009 passed by the Labour Court holding that the inquiry conducted by the respondent in respect of the charge levelled against the appellant was not fair and proper.
2. The Labour Court had come to the conclusion that the findings urged by the Inquiry Officer were not based on "acceptable evidence". This conclusion was arrived at by the Labour Court on the premise that the witness deposing before the Inquiry Officer was required to make an oral statement with regard to the facts constituting the alleged misconduct and it was not sufficient for the witness to rely on and adopt his report/statement
LPA No. 178/2013 Page 1 of 8 made earlier. The learned Single Judge has held that the Labour Court has misdirected itself in law in coming to this conclusion.
3. The controversy in the present appeal is limited to the