Allahabad High Court
U.P. State Road Transport Corporation vs Sri Ram Prasad Yadav & Another on 9 August, 2010
Author: Devendra Pratap Singh
Bench: Devendra Pratap Singh
Court No. - 1 Case :- WRIT - C No. - 46690 of 2010 Petitioner :- U.P. State Road Transport Corporation Respondent :- Sri Ram Prasad Yadav & Another Petitioner Counsel :- Samir Sharma Respondent Counsel :- C.S.C. Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the petitioner and perused the record.
This petition is directed against an award dated 2.6.2009 answering the reference in favour of the respondent-workman.
It appears that the respondent-workman was engaged as a Driver with the petitioner-Corporation and his services were dispensed with vide order dated 18.5.1998 allegedly after holding a domestic enquiry on the ground that he has changed the gear box assembly of the bus. The Labour Court after hearing the parties, came to the conclusion that the enquiry was neither fair nor proper, therefore it gave an opportunity to the Corporation to prove the charge but even before the Labour Court, the Corporation failed to prove the charge as two most important witnesses who had submitted the report, were not produced and the report was not proved and therefore, the Labour court has answered the reference and set aside the termination order.
Learned counsel for the petitioner has urged that the charge was not with regard to change of gear box assembly but as to who was responsible. This argument presumes that there was a report regarding change of gear box assembly and this report which is basis of the charge was not proved and therefore, the Labour Court was fully justified in passing the award.
For the reasons above, this is not a fit case for interference under Article 226 of the constitution of India. Rejected.
Order Date :- 9.8.2010 AU