- (1.) This appeal has been preferred by the U.P. State Road Transport Corporation against the judgment and order dated 27.08.2008 passed by the High Court of Uttarakhand at Nainital in Writ Petition (M/S) No.974 of 2001.
(2.) The respondent -employee was employed as a conductor with the appellant on 25.12.1988. On 08.10.1990, in the course of inspection, it was found by the inspecting team that 78 passengers were traveling without ticket while the fare had already been collected by the respondent. On that charge, an inquiry was held and the misconduct alleged was proved against the respondent delinquent. This led to order dated 17.06.1992 by which the service of the respondent was terminated. The respondent workman raised an industrial dispute, which was referred for adjudication to the Labour Court, Meerut, U.P. being Adjudication Case No. 02/1994. The workman admitted before the labour court that the inquiry was fair and proper. In view of the said statement, the labour court held that no further discussion was necessary on the issue of fairness of the inquiry. However, the labour court, without giving any further reason except that the punishment awarded was too severe, directed reinstatement of the respondent in service without any back wages but with continuity in service and full wages from the date of award dated 22.10.1997.
(3.) The appellant preferred a writ petition before the High Court. The High Court dismissed the same observing that the labour court had reinstated the workman with entire back wages which, it is pointed out, is factually incorrect. In spite of service of notice, the workman has not entered appearance.;