- (1.) Leave granted.
(2.) Respondent was appointed as a Driver by Appellants herein. On 07.12.1986, he was driving a bus on Aligarh-Agra route. A barrier was installed at Sasani Bus Stand by the public. The barrier was not installed by Appellant-Corporation or by any other statutory authority. Respondent allegedly dashed into the barrier intentionally and caused injuries to one Bhoodev. He was placed under suspension. A domestic inquiry was held. He was found to be guilty of the charges levelled against him. He was directed to be removed from services. An industrial dispute was raised whereupon the State referred the following dispute for adjudication to the Labour Court, Agra : "Whether the termination of services of Shri Shivaji, S/o Shri Sundarlal, Driver, by the employees vide order dated 07.09.1987 is legal and valid? If not, then to what relief/benefit the workman is entitled? And with what details? A preliminary issue was raised as to whether the domestic inquiry was legal and valid. It was held not to be so; whereupon Appellants were granted opportunity to adduce evidence to prove the charges against Respondent. Evidence was led before the Labour Court. On analysis of the evidence brought on records, the Labour Court held : "Shri Bhoodev Singh, S/o Mulayam Singh has been produced on behalf of employers who stated that on 07.12.1986 the witness was posted as Sasani. A barrier was installed in front of bus stand to stop the bus which was used to be opened by the witness. On the said date the concerned workman came along with bus from the side of Aligarh. The witness has lowered the barrier to stop the bus but concerned workman did not stop the bus. The bus went ahead by breaking the barrier due to which the witness fell down and got injuries in his hands and legs. In cross examination also no contrary fact has been emerged from this witness and he has supported his original statement. 7. The concerned workman has not produced any evidence in his defence. From consideration of all the evidence and documents available on record the conclusion is arrived that the workman has intentionally hit the barrier due to which one employee got injured. In this accident there could be serious loss of life and property. Therefore my opinion is that concerned workman is guilty of serious misconduct and has no right to remain in service. The termination of workman's services w.e.f. 07.09.1987 is legal and valid and he is not entitled for any benefit/relief. Both parties will bear their own costs."
(3.) A writ petition was filed questioning the correctness of the said Award by Respondent before the High Court which by reason of the impugned judgment was allowed, stating : "Statement of aforementioned sole witness has been brought on record along with supplementary affidavit. In the statement of aforementioned witness it has been mentioned that he has received minor injury. It has been admitted by him that while bus was proceeding from Aligarh to Sasni then he asked to get bus stopped when the Bus was near to barrier and by that time he was putting barrier down bus caused injuries to him. It has been admitted that said barrier was not belonging to Roadways and it was totally private barrier. No injuries has been caused by bus rather on account of barrier falling, the rope was loosened on account of which he fell down. It has been admitted that bus could have passed even without putting barrier down. No justification has come on record as to why said bus was being stopped at that private barrier. No First Information Report has been lodged, no medical examination was done at Government Hospital. It is true that High Court has got no authority to appreciate evidence, but the case in hand, taking the sequence of events clearly establish that it is practically case of no evidence. Tested on the touchstone of reasonableness and fairness, no reasonable or prudent man would construe, this case to be a case of misconduct as has been alleged. Even the sentence, which has been awarded, same is shockingly disproportionate to the charge which had been levelled i.e. non stopping of bus at barrier. Injuries alleged to be received by Bhoodev Singh are attributable to his own conduct as Bus in question could have passed even putting barrier down.";