- (1.) These appeals are preferred against the order of the Division Bench of the Rajasthan High Court, Jaipur Bench dated 10th of August, 2001 whereby the said Bench allowed the special appeal filed before it setting aside the judgment of the learned Single Judge of the said High Court which had confirmed the award made by the Industrial Tribunal, Jaipur.
(2.) Brief facts necessary for the disposal of these appeals are as follows :- The respondent herein was appointed as a Conductor on daily wages in the appellant-Corporation on 20th of June, 1986. His services were terminated on 1st of December, 1986 on the ground that the same was not required by the appellant-Corporation.
(3.) Challenging the said termination, the respondent moved an application under Section 33(2A) of the Industrial Disputes Act, 1947 before the Industrial Tribunal, Jaipur alleging that his termination was contrary to Section 25F of the Industrial Disputes Act, as he has already completed more than 240 days of continuous service in a year in the appellant-Corporation, therefore, without following the provisions of Section 25F of the I.D. Act his services could not have been terminated. He also alleged in the said application that his termination was a colourable exercise of power because during his service in the Corporation an inspection was carried out by the checking staff on 20th of November, 1986 when he was on duty in Bus No. 7108. During the course of investigation, a false case of non-issuance of ticket to six passengers was made against him and since the Management was not in a position to prove the said charge it took recourse to his discharge from service without holding a proper enquiry which amounts to a colourable exercise of power.;