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of <h1>Court upholds Adjudicator's decision in workman's favor, emphasizing natural justice principles</h1> <h3>DELHI TRANSPORT CORPORATION Versus SHYAM SINGH.</h3> DELHI TRANSPORT CORPORATION Versus SHYAM SINGH. - TMI Issues:1. Validity of the departmental inquiry and the subsequent removal of the respondent workman.2. Interpretation of the Industrial Dispute Act, 1947 regarding the reinstatement and back wages of the respondent workman.3. Review of the Industrial Adjudicator's decision regarding the misconduct charges and reinstatement without back wages.4. Judicial review of the Industrial Adjudicator's decision by the High Court.Analysis:1. The respondent workman was charged with misconduct for not issuing tickets to passengers despite collecting fares. The Disciplinary Authority of the appellant imposed the punishment of removal from service. The Industrial Adjudicator later found the inquiry to be flawed due to various reasons, including lack of a Presenting Officer and insufficient evidence, leading to the decision in favor of the respondent workman.2. The Industrial Adjudicator awarded reinstatement to the respondent workman without back wages, which was challenged by the appellant in a writ petition. The High Court dismissed the petition, emphasizing that re-assessment of evidence was beyond the scope of judicial review, upholding the decision of the Industrial Adjudicator.3. The appellant further appealed through an Intra-Court appeal, arguing that the Industrial Adjudicator exceeded its jurisdiction by deeming the findings of the departmental inquiry as perverse. The High Court referenced legal precedents to support the Industrial Adjudicator's authority to review disciplinary actions based on principles of natural justice, ultimately rejecting the appellant's contentions.4. The High Court highlighted the extensive litigation history of the case, noting previous remands and orders directing the Industrial Adjudicator to reevaluate evidence. The Court concluded that the Industrial Adjudicator acted within its jurisdiction in assessing the inquiry's fairness and the validity of the removal order, ultimately dismissing the appeal for lack of merit.This detailed analysis of the legal judgment showcases the progression of the case, the key arguments presented by the parties, and the court's reasoning in upholding the Industrial Adjudicator's decision regarding the respondent workman's removal and subsequent reinstatement.
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