Rajasthan High Court - Jaipur
Satyaprakash Verma vs R S R T C And Ors on 6 February, 2012
Author: Arun Mishra
Bench: Arun Mishra
D.B. Civil Special Appeal (Writ) No.1913/2011 Satyaprakash Verma vs. R.S.T.R.C. & Ors.
06.02.2012 HON'BLE THE CHIEF JUSTICE MR. ARUN MISHRA HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I Mr. Usman Khan, for appellant.
Defects are waived.
The intra-court appeal has been preferred as against the order dated 06.09.2011 passed by the Single Bench in CWP-10362/2010 thereby affirming the award dated 06.04.2010 passed by the Labour Court.
Appellant was working as Conductor in the Rajasthan State Road Transport Corporation. He was found taking 8 passengers without ticket. As such, he was removed from service vide order dated 04.01.1985. On failure of conciliation, the case was referred to the Labour Court.
The appellant was appointed in the year 1975. He was found taking 8 passengers without ticket on bus No.6493 on 27.06.1983. Case set up by the appellant was that booking had been closed; as such 16 persons had boarded on the bus; eight of them were issued tickets. He wanted to issue tickets to others also. He has paid the amount of penal charges for taking the passengers without ticket; as such the dismissal was bad in law.
It was contended by the employer-R.S.R.T.C. in its reply that there were several cases of taking passengers without tickets registered against the appellant-workman. On 03.09.1975 he was taking one passenger without ticket; on 28.09.1975 he was found taking a cattle without ticket; on 06.12.1975 he was found taking seven passengers without ticket; on 19.08.1976 he was found taking two passengers without ticket; on 16.01.1977 he was found taking three passengers without ticket; on 29.04.1977 he was found taking two passengers without ticket; on 29.04.1977 he was found taking three passenger alongwith 480 kg. luggage without tickets for which charge-sheet was issued; departmental enquiry was conducted and he was found guilty. Consequently, order of dismissal from service was passed. He was granted due opportunity to defend and to cross-examine witnesses during departmental enquiry.
The Labour Court declared vide order dated 09.01.2004 enquiry to be legal and in accordance with the principles of natural justice. Thereafter, no further evidence was adduced. The Labour Court has considered the question of quantum of punishment imposed in the facts and circumstances of the case and made elaborate discussion. It has been found that due opportunity of defence was given to the delinquent employee. There was absolutely no justification for taking eight passengers without ticket. Elaborate discussion has been made; thereafter findings of fact have been recorded which are not shown to be perverse in any manner and it could not be said to be so unreasonable which could not have been arrived by persons of ordinary prudence.
In the facts and circumstances of the case, we are not inclined to make interference in the order passed by the Labour Court which has been affirmed by the Single Bench.
Accordingly, the intra-court appeal is dismissed.
(NARENDRA KUMAR JAIN-I),J. (ARUN MISHRA),C.J.
Mohit
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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Mohit Tak, Jr. P.A.