C. K. Thakker, J. - (1.) Leave granted.
(2.) This appeal is filed against an order passed by the High Court of Judicature at Allahabad on August 12, 2004 in Civil Miscellaneous Writ Petition No. 49182 of 2000 by which the High Court dismissed the petition filed by Uttar Pradesh State Road Transport Corporation (Corporation for short) confirming the order passed by the Labour Court, U.P., Varanasi on September 21, 1999 in Adjudication Case No. 157 of 1997.
(3.) Few relevant facts of the case are that the sole respondent herein was working as Driver with the appellant Corporation. It was the case of the appellant that the respondent had committed misconduct at several times and was punished. It was alleged that on April 25, 1994 while the respondent was driving Bus No. U.P. 65/223 on Varanasi-Kota route, the checking squad, at about 4.00 p.m., near Dibulganj, gave signal to stop the bus for checking. The respondent, however, did not stop the bus and no checking could be made by the squad. Again, on May 15, 1994, the respondent was driving the same bus on Shakti Nagar route and at about 2.30 p.m., a signal was given near Chopan to stop the bus for checking. The respondent, however, ignored the signal and went away. Again on September 21, 1994, the respondent was driving Bus No. U.P.65/6689 on Shakti Nagar route and in spite of giving signal by checking squad near Rihand Bridge at about 4.00 p.m., he did not stop the bus. In view of the conduct and behaviour of the respondent, on August 26, 1996, the checking squad submitted reports against the respondent in respect of the above three incidents. Enquiry was initiated against the respondent, charge sheet was issued, the respondent filed reply denying the allegations, the Enquiry Officer gave full opportunity of defence to the respondent and submitted enquiry report holding the charges proved. A show cause notice was thereafter issued to the respondent enclosing therewith a copy of the enquiry report. The respondent filed reply to the show-cause notice which was considered by the appointing authority and by an order dated November 4, 1996, the appointing authority, after considering entire material, passed an order terminating the services of the respondent. The appeal filed by the respondent also came to be dismissed. The respondent approached the Labour Court, Varanasi in 1997 pursuant to reference was made in respect of following dispute for adjudication. "Whether the termination of services by the employers of their Workman Mitthu Singh S/o Shiv Murat Singh, Driver w.e.f. 04.11.1996 is legal and/or valid If not, then to what relief the workman is entitled ;