Bhan, J. - (1.) Leave granted
(2.) This appeal is directed against the final judgment and order dated 3.8.2005 passed by the High Court of Uttaranchal at Nainital in Writ Petition No. 603 (M/S) of 2002. By the impugned order, the High Court upheld the findings recorded by the Labour Court to the effect that the punishment of removal imposed upon the respondent was excessive in comparison to the charges levelled against him. The High Court while maintaining the findings recorded by the Labour Court that the punishment of removal was excessive in comparison to the charges levelled against the workman, reduced the back wages to 50%.
(3.) Respondent-workman was appointed as a Conductor in the U.P. State Road Transport Corporation (the appellant herein) on 26.9.1991. Respondent was conducting the bus on Kalsi-Chhani route, which was checked and, on inspection it was found that out of 45 passengers, 28 passengers from Kalsi to Chhani were without ticket. The Inspecting Team found that the Conductor had already recovered fare from 8 such withoutticket passengers. That he had issued 6 tickets which were not in seriatim and their original copies were not completely filled. That entry of these tickets was not made in the Way Bill. The inspecting team made an endorsement to this effect on the Way Bill and got the signatures of respondent as a proof thereof. On the report of the inspecting team, charge-sheet was issued to the respondent and he was placed under suspension. Later on, respondent was reinstated in service subject to the final result of the disciplinary proceedings initiated against him.;