- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Uttranchal High Court allowing the writ petition filed by the respondent No.1 (hereinafter referred to as the "employee"). Challenge before the High Court was to the award dated 27.7.2004 passed by the Presiding Officer, Industrial Tribunal, and Labour Court Haldwani (in short the "Tribunal") in Adjudication Case No. 21 of 1995.
(3.) Background facts in a nutshell are as follows: Respondent No.1 was appointed as a conductor on 21.11.1989 under the Appellant-Corporation, hereinafter referred to as the "Corporation"). On 8/9.9.1990 the appellant was the conductor in Bus No. UP 78-9254. The Transport Inspector as a part of the checking operation stopped the bus. There were 48 passengers traveling in the bus and out of them 20 did not have any ticket and there was no entry made in the Way Bill for 23 passengers. The employee made a statement that he could not issue tickets though he had collected the fares from 20 persons. The conductor was made to issue tickets to passengers to whom tickets had not been issued. The inspector made an entry for closing of ticket issuance and he also directed the employee to make an entry in respect of the 23 passengers in the way bill. Proceedings were initiated against the erring employee and his services were terminated on the basis of the materials collected during departmental enquiry. A reference was made under the Uttar Pradesh Industrial Disputes Act, 1947 (in short the "Act") at the prayer of the respondent. The Tribunal came to hold that the order of termination was legal and justified and the concerned workman was not entitled to any relief. It is to be noted that the enquiry officer had in the enquiry report noted that the conductor had issued the tickets later though there were no entries in the way bill. ;