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NC: 2024:KHC-D:7636 and Connected matters Inspector had collected penalty from the ticket-less passengers and, therefore, the petitioner herein was guilty of non-issuance of tickets.

125. The workman, however, contended that he had issued tickets to all the passengers and while he was in the process of issuing tickets to the passengers, the Checking Inspector had intervened for the purpose of checking, and despite the objections by the passengers, the Checking Inspector had booked a false case against the petitioner.

126. The Labour Court has observed that the petitioner had contended that he was still in the process of issuing tickets and the bus was checked in between i.e., in between stage No.5/4 and stage No.4, but it was observed that since Kankanwadi was much further away, his defence was untenable. It has also found that the reporter had deposed in his cross-examination that the passengers were getting down from the bus at Stage No.4, but it was the admitted case that the bus was checked between

179. The workman contended that he had issued tickets to all the passengers, but one of the passengers had lost the ticket, and at the time of checking, she could not produce the tickets purchased by her, as a consequence of which a case was lodged against her.

180. The authority as well as the Labour Court refused to accept the defence of the workman on the ground that the address of the passenger slapped with the penalty was mentioned in the receipt, but no steps were taken by the workman to summon her or to secure her presence and depose to the effect that she had lost her ticket.

184. This particular assertion has not been examined by the authorities by cross-checking as to whether the tickets have been issued as stated by the petitioner.

185. The observation that the petitioner ought to have secured the presence of the passenger who had lost the ticket would also apply to the Corporation, since the

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NC: 2024:KHC-D:7636 and Connected matters Corporation could also have secured the presence of the passenger to establish that the petitioner had not issued the ticket even after having paid said amount.