- (1.) The respondent herein was a conductor in a State carriage bus owned by the appellant apsrtc. The services of the respondent were terminated after being found guilty of non-issuance of tickets and not collecting fare from the passengers. The ticket examiner entered the bus for examination of tickets and it was found that the respondent had not issued tickets to two passengers who were travelling in the bus. It is also alleged that the respondent did not allow the ticket examiner to complete the inspection and he misbehaved with the ticket examiner and had torn the tickets and other documents. Charges were framed against the respondent in the enquiry, but some of the charges were found proved and pursuant to it the respondent was removed from service by the disciplinary authority.
(2.) The matter was referred before the labour Court and the Labour Court considered the matter in detail. It was held that most of the charges framed against the respondent were not proved, and as the only charge proved is that the respondent did not issue tickets to two passengers, the appellant was directed to reinstate the respondent with continuity of service but the back wages were denied.
(3.) Aggrieved by this award the respondent filed a writ petition before the High Court. Learned single Judge was pleased to grant 50% of the back wages. The judgment of the learned single Judge was challenged before the division Bench. The Division Bench dismissed the appeal.;