Rajasthan High Court - Jaipur
R.S.R.T.C vs Suraj Bhan Singh on 12 February, 2009
Author: Prem Shanker Asopa
Bench: Prem Shanker Asopa
S.B.Civil Writ Petition No.1709/1995 R.S.R.T.C. Sikar & Anr. Vs. Surajbhan Singh & Anr. Date of order : 12.02.2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr. M.K.Verma for petitioners. Mr. N.K.Bhatt for the respondents.
Heard learned counsel for the parties.
By this writ petition, the petitioner (Management Corporation) has challenged the award of the labour Court dated 04.08.1994(Annexure/4) wherein the reference was made to the effect that whether the order of recovery of Rs. 14,458.05/-from the respondent No.1 (Suraj Bhan Singh) is justified or not?
The said recovery order was passed after conducting the domestic inquiry in respect of charge of theft of the way bill and tickets as detailed out in the charge sheet dated 19.10.1985. After inquiry the aforesaid punishment was passed.
The submission of the petitioner (Management Corporation) is that the respondent No.1 was negligent in discharging his duties.
The submission of the counsel for the respondent No.1 is that despite carefully working of the respondent No.1, the way bill and tickets were stolen by the earlier Conductor Chokram Vishnoi in respect of which
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he made FIR in the concerned Police Station. Thereafter, he also filed a private complaint of which the FIR was ordered to be registered. His further submission is that the said theft had not resulted in any kind of loss to the Corporation and was committed despite the carefulness of the petitioner (Management Corporation) and the respondent-workman towards duty.
The domestic inquiry was held to be unfair by the labour court and inquiry was conducted before the labour court. The labour court has considered the evidence come on record as well as Standing Order 34 and both the issues have been decided against the Corporation and in favour of the respondent No.1. Therefore, the reference was answered in affirmative and the punishment order was set aside.
I have gone through the record of the writ petition and further considered the rival submissions of the parties.
I do not find any error apparent on the face of the record. The writ petition has no force and the same is dismissed.
(PREM SHANKER ASOPA),J.
Gandhi H-14