Rajasthan High Court - Jaipur
Division Managar Rajasthan State Road ... vs General Secretary on 19 December, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 24149/2018
Division Managar Rajasthan State Road Transport Corporation,
Jothwara Road, Jaipur
----Petitioner
Versus
General Secretary, Transport Workers Union, 1294, Baba Harish
Chandra Marg, Jaipur
----Respondent
For Petitioner(s) : Mr. Om Prakash Sheoran For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 19/12/2018
1. Counsel for the petitioner has assailed the award dated 9.3.2017 whereby the respondent workman was directed to be reinstated with 50% back wages.
2. Brief facts which are required to be noted are that the petitioner had appointed the respondent-workman as a daily wager Conductor on 22nd July, 1982 and his services were dispensed with vide order dated 10.3.1984 on the ground of allegation of having allowed passengers to travel without tickets.
3. Learned counsel for the petitioner submits that the petitioner had challenged the earlier award passed in favour of the respondent-workman by filing writ Petition No.1112/1995 which was allowed with permission to the petitioner to raise further evidence before the Labour Court whereafter the petitioner had produced additional evidence and got Prahlad Singh and Damodar (2 of 3) [CW-24149/2018] Das examined. Having examined the statements, the Labour Court reached to the conclusion that the workman had not committed any misconduct and was appointed as a daily wager. It was also noticed that workman had been paid regular pay scale with effect from 1.1.2013 after reinstatement. Taking into consideration all the aspects as also the orders issued for compounding of penalties, the Judge, Labour Court held the termination to be bad in law and directed reinstatement with continuity of service with 50% back wages.
4. Counsel for the petitioner submits that the award has been passed and the respondent had been held guilty of having allowed 10 passengers to travel without ticket and dispute had been raised after five years.
5. I have considered the submissions and find that the workman was conductor who was appointed by way of selection on daily wage basis but was continued and has been regularly fixed in the pay scale. The enquiry was conducted with regard to charge of allowing 10 passengers to travel without ticket. The Labour Court had also taken into consideration the circular dated 24th July 1982 issued by RSRTC with regard to method and manner in which proceedings are to be undertaken in relation to passengers traveling without ticket. Circulars were also issued on 31.7.90 and 21.11.2007 to compound the cases which are pending and relating to passengers who were allowed without ticket. The said position has not been disputed by the petitioner before the Labour Court and the respondent-workman is also working with the petitioner for five years and it is not of the case (3 of 3) [CW-24149/2018] any misconduct found against him thereafter. Thus, no interference is called for the award dated 9.3.2017.
6. The writ petition is dismissed accordingly.
(SANJEEV PRAKASH SHARMA),J Anu/ Powered by TCPDF (www.tcpdf.org)