Allahabad High Court
U.P.S.R.T.C.Agra Thru Its Regional ... vs Rajesh Kumar Singh And Others on 2 August, 2019
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- WRIT - C No. - 45 of 2004 Petitioner :- U.P.S.R.T.C.Agra Thru Its Regional Manager Respondent :- Rajesh Kumar Singh And Others Counsel for Petitioner :- V.K. Singh,U.S. Singh Visen Counsel for Respondent :- C.S.C. Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner.
This petition impugns an award rendered by the Labour Court. The reference itself was made with respect to an order of termination passed by the Corporation against the first respondent who was working as a Conductor. The allegation was that upon a particular bus being checked, it was found that the respondent workman had permitted passengers to travel without obtaining tickets. A Departmental enquiry is stated to have been conducted and upon conclusion thereof, the services of the workman terminated. When the matter travelled to the Labour Court, a preliminary issue with respect to the validity of the Departmental enquiry was framed. Dealing with that issue the Labour Court found that while the enquiry had substantially been conducted in accordance with law, it was liable to be set aside since no opportunity of cross examination was afforded to the respondent workman. Upon reaching this conclusion, the Labour Court permitted parties to lead further evidence before it. On the basis of evidence which was led, the Labour Court ultimately in paragraph 12 of the award has proceeded to record that the case of the workman was that the passengers who had been picked up during the journey, their tickets were being prepared and moneys being collected. In view thereof, there was no motive attributable to the workman of misappropriation of moneys. The Labour Court ultimately after consideration of the entire material, came to conclude that the punishment of dismissal was disproportionate to the allegations which had been made.
The Court notes that when this petition was initially entertained, subject to the respondent workman being reinstated and future wages being paid, the operation of the award insofar as back wages were concerned was stayed. When this petition was taken up today, none has appeared for the respondent workman. Learned counsel for the petitioner is unable to apprise the Court whether the workman is still in service. In any case, this Court is of the considered view that the discretion which has been exercised by the Labour Court in light of the powers conferred on it in terms of Section 11-A of the Industrial Disputes Act 1947 merits no interference.
The writ petition is dismissed.
Order Date :- 2.8.2019 LA/-