BABU KHAN RAMJANKHAN Vs. M P S R T C

JUDGEMENT

(1.) THIS order shall govern disposal of Miscellaneous Petition no. 67 of 1978 (Madhya Pradesh State Road Transport Corporation and another v. Babu Khan and two others) as well.

(2.) THIS is a petition under Articles 226 and 227 of the Constitution of india for issuance of a writ of Mandamus or Certiorari or any other suitable writ for modification of the order of the Labour Court No. 2, Gwalior passed on 9-11-1977 in case No. 297 of 1971, whereby the Labour Court did not award the back wages and the order of the Industrial Court, Madhya Pradesh, dated 28-1-1978, in case No. 558 of 1977 M. P. I. R. Revision.

(3.) THE facts, as alleged by the petitioner are that the petitioner was holding a permanent post at Gwalior in the Madhya Pradesh State Road transport Corporation as a Driver. On 7-7-1967, when the petitioner was on duty on the City Bus in Gwalior and when he was driving the bus belonging to the Madhya Pradesh State Road Transport Corporation (hereinafter referred to as the Corporation), which was going from Morar to Gwalior, a military vehicle came from the opposite side and collided with the bus of the Corporation. The collision, it is submitted, was not due to the fault of the petitioner, but because the military vehicle was driven in a very rash and negligent manner. There was no injury to any passenger, nor any damage to the bus of considerable nature. The Depot Manager of the Corporation served a charge-sheet on the petitioner on 25-6-1968. To this charge-sheet, a reply was submitted by the petitioner. On the basis of the charge-sheet, an enquiry was conducted by the Depot Manager and one witness Vidhichand was examined. In evidence, the petitioner gave his own statement and thereafter, the case was fixed for the rest of the witnesses of prosecution, but no witnesses were examined subsequently and the Enquiry Officer, relying on the report of Vidhichand, issued a show-cause notice against the petitioner. The petitioner gave a reply to the show-cause notice and in the reply, submitted that the enquiry held against him was illegal. But, on the basis of the report and the reply filed by the petitioner, he was dismissed from service from 31-8-1968. The Depot Manager, apart from imposing the penalty of dismissal, also ordered that the full wages for the month of August, 1968 should not be paid to the petitioner and Rs. 100 should be deducted from the security deposit of the petitioner. The petitioner, after approaching respondent No. 1 submitted his application before the Labour Court, Gwalior, challenging the order of dismissal, Respondent No. 1 submitted the reply and submitted that the enquiry is proper and the order passed is legal. In the labour Court, the petitioner examined himself and one witness Bahadur khan, while the respondent No. 1 examined two witnesses Shyam Charan and Radha Raman. After taking into consideration the evidence produced and the documents, the Labour Court came to the conclusion that the enquiry was not legal and asked additional evidence regarding misconduct of the petitioner. But, finally, the Labour Court came to the conclusion that the misconduct alleged against the petitioner, was not proved, but even though the Labour Court reinstated the petitioner it did not award any back wages.