- (1.) THE Divisional Controller, NWKRTC is before me challenging the award of the Additional Labour Court, Hubli, passed in KID No. 36 of 1999.
(2.) RESPONDENT-WORKMAN was working as a Conductor. He was appointed in the year 1993. On 9-6-1997 the bus was going from pandarapura to Bailahongal and the same was checked at Mangalwad, i. e. , Stage No. 46. It was noticed that the respondent had failed to collect the fare of Rs. 7. 50 each from 10 passengers who were travelling from pandarapura to Mangalwad (stage Nos. 50 to 46 ). In view of this, a fine of Rs. 750/- in all was imposed on all the ticketless passengers. The respondent-workman was kept under suspension and on the very same day Articles of charge were issued. Enquiry was conducted. Enquiry authority found that the respondent was guilty of the charges. Thereafter, the Disciplinary Authority passed an order on 27-1-1999, ordering removal of the respondent from service. Same was subjected to reference in KID No. 36 of 1999. Evidence was recorded. Thereafter, the labour Court has passed the order which is challenged in this petition. The impugned order reads as follows. "claim petition is hereby allowed in part. The order of dismissal dated 27-1-1999 passed by the respondent is hereby set aside. The respondent is directed to reinstate the claimant into service with continuity of service, and with all other consequential benefits, but without back wages, within 2 months from the date of publication of this award. The respondent is further directed to recover Rs. 5,000/- as fine from the claimant in his salary after his reinstatement in 10 equal installments. Send the copies to the Government for publication".
(3.) HEARD the learned Counsel for petitioner and perused the impugned award.;