Rajasthan High Court - Jaipur
Shyam Manohar Sharma vs Manager R S R T C And Anr on 6 July, 2011
Bench: Arun Mishra, Sandeep Mehta
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
ORDER
Shyam Manohar Sharma Vs. The Manager RSRTC & Ors.
(D.B. Civil Special Appeal (W) No.435/2011)
D. B. Civil Special Appeal (Writ) under Section 18 of the Rajasthan High Court Ordinance.
Date of Order: July 06, 2011.
PRESENT
HON'BLE THE CHIEF JUSTICE MR. ARUN MISHRA
HON'BLE MR. JUSTICE SANDEEP MEHTA
Mr. Anil Sharma, for the appellant.
BY THE COURT:
Heard on the question of admission.
The intra court appeal has been preferred calling in question the legality of the order dated 10-9-2008, passed by Single Bench in S.B. Civil Writ Petition No.5130/2006, affirming the award dated 20-5-2006, passed by Judge, Labour Court, Kota in LCR No.2/1996.
The appellant was appointed as Conductor on daily wage basis initially on 19-6-1983. When he was found carrying seven passengers without ticket, his services were terminated. However, on 21-5-1984, he was again appointed on the post of Conductor on daily wage basis, with the condition that in case the appellant is found carrying passengers without ticket, his services would be terminated without holding any enquiry. On 12-2-1986, on the route of Jhalawar to Binganj, the appellant was found carrying fourteen passengers without ticket. Therefore, his services were terminated on 13-2-1986. The appellant assailed his termination order before the Labour Court. Before the Labour court, the enquiry was conducted and both the parties adduced evidence. The Labour Court, on the basis of oral and documentary evidence, came to the conclusion that misconduct of the appellant has been established. The appellant was found carrying fourteen passengers without ticket. The Labour Court dismissed the claim of the appellant vide award dated 20-5-2006, in LCR No.2/1996. Aggrieved thereby, the appellant preferred the writ petition No.5130/2006, which has been dismissed vide order dated 10-9-2008, by Single Bench. Consequently, the intra court appeal has been preferred.
Mr. Anil Sharma, learned counsel appearing on behalf of the appellant, has submitted that no enquiry was conducted by the respondents, which was necessary before terminating the services of the appellant. The award passed by the Labour Court is not legal, just and proper.
Having heard learned counsel for the appellant, and gone through the award passed by the Labour Court, we find that the appellant was appointed with the clear stipulation that in case he is found carrying passengers without ticket, his services would be terminated without conducting any enquiry. Apart from that, the enquiry has been conducted by the Labour Court, and evidence has been submitted by the parties. After elaborately discussing the evidence, oral and documentary, adduced by the parties, the Labour Court in paragraph 16 of the Award has observed that the misconduct of appellant of carrying fourteen passengers without ticket stands proved, and the amount of fair Rs.21/- stood realised from the appellant.
Considering the aforesaid finding of the Labour Court as to misconduct, which has been found proved, we are not inclined to interfere in the intra court appeal. The same is, hereby, dismissed.
(Sandeep Mehta),J. (Arun Mishra), CJ. arn/