S.B.CIVIL WRIT PETITION NO.3955/94 - RSRTC Vs. Raj Singh & Ors. Order dt: 2/2/2009 1/3 S.B.CIVIL WRIT PETITION NO.3955/94 (RSRTC Vs. RAJ SINGH & ORS.) DATE OF ORDER : 2/2/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Nitin Ojha, for the petitioner. Mr.G.J.Gupta, for the respondent. 1. This writ petition is directed against the award of the Industrial Tribunal dated 11/10/1993, whereby, the Industrial Tribunal quashed the termination of respondent workman and awarded reinstatement with 50% backwages. 2. Learned counsel for the RSRTC submitted that the petitioner was not reinstated nor he has reported back for duty. The petitioner was appointed as Helperon 21/6/1979 and was served with a charge sheet containing 20 charges of gross misconduct, misbehaviour and not maintaining the vehicles assigned to him on 16/10/1980 in which he was found guilty. The Industrial Tribunal itself in para no.5 has found that inquiry against the respondent workman was completed in accordance with the principles of natural justice and he was given full opportunity to defend himself, yet the punishment was set aside only S.B.CIVIL WRIT PETITION NO.3955/94 - RSRTC Vs. Raj Singh & Ors. Order dt: 2/2/2009 2/3 on the ground that statements of departmental officers, who appeared before the Industrial Tribunal were not recorded on oath and, therefore, not admissible as per Evidence Act. 3. No one appeared for respondent workman despite service and despite the fact that earlier also this writ was dismissed in default on 2/4/2004 but was restored on the application of petitioner. Therefore, arguments of learned counsel for RSRTC were heard ex-parte. 4. Having heard learned counsel and having gone through the impugned award of Industrial Tribunal, this Court is of the opinion that looking to the nature of misconduct and in view of the fact that inquiry was completed in accordance with the principles of natural justice and termination was set aside on technical ground, this Court is inclined to modify the impugned award of the Industrial Tribunal and instead of directing reinstatement with back wages, an adhoc compensation of Rs.10,000/- to the respondent workman is considered appropriate. 5. In view of the facts and circumstances of the case, this writ S.B.CIVIL WRIT PETITION NO.3955/94 - RSRTC Vs. Raj Singh & Ors. Order dt: 2/2/2009 3/3 petition is partly allowed and impugned award of Industrial Tribunal dated 11/10/1993 is modified and instead of reinstatement and 50% back wages, respondent workman is held entitled to receive adhoc compensation of Rs.10,000/- from the petitioner Corporation. The said compensation may be paid by the petitioner Corporation within a period of five months from today. No order as to costs. (DR.VINEET KOTHARI), J. item no.s-2 baweja/-