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D.T.C. vs. Shyam Sunder

Writ Petition (Civil) · 2026:DHC:7519Decided 2 Sept 2026New Delhi Bench
W.P.(C) 3374/2003CNR: DLHC010232972003
Justice Amit Mahajan

Background

The Delhi Transport Corporation (DTC) sought the Industrial Tribunal's approval to dismiss a bus driver, Shyam Sunder, for remaining absent from duty without permission in 1992. The driver had explained that his wife's illness had kept him away and that he had sent leave applications through a co-worker. The Tribunal first found DTC's original disciplinary enquiry legally flawed, then gave DTC a further opportunity to prove the misconduct with fresh evidence, which DTC failed to do, leading the Tribunal to reject DTC's approval application altogether.

Decision Breakdown

The High Court held that its power to interfere with an Industrial Tribunal's award is limited to cases of serious illegality or perversity, not simply re-weighing evidence. It found no fault with the Tribunal's conclusion that the original enquiry had been conducted unfairly: the enquiry officer wrongly treated the driver's explanation as an admission of guilt and relied on documents without letting him respond. Crucially, even after being given a fresh chance, DTC produced no real evidence of misconduct beyond proving that the driver had been paid one month's wages. The petition challenging the Tribunal's decision was therefore dismissed.

Lesson Learnt

An employer seeking to dismiss a worker for misconduct must actually present evidence to prove that misconduct when given the chance: simply pointing to a period of absence, without addressing the worker's explanation, is not enough.

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