RAVI R.TRIPATHI - (1.) Rule. Mr.Kishor Paul, learned advocate waives service of the rule.
(2.) Gujarat State Road Transport Corporation (hereinafter referred to as "Corporation") has filed the present petition for quashing and setting aside the judgement and award dated 8.11.2000 passed by the Labour Court, Rajkot, whereby the order of dismissal was quashed and the respondent workman was ordered to be reinstated with continuity of service with 50% back wages. The case of the petitioner Corporation is that the respondent workman who was serving as a Conductor had not issued tickets to a group of 24 passengers travelling from Jasdan to Lilapur. Further that the respondent workman had also received amount from other two passengers travelling from Jasdan to Vichhiya, also had not issued tickets. This was found when the bus was checked by the Central Squad at 'Lilapur Stop' on 12.12.1989. On 3.1.1990, the respondent was issued charge sheet. A departmental inquiry was conducted against the workman. After issuing second show cause notice, the respondent was dismissed from service vide order dated 30.3.1990.
(3.) The respondent raised an industrial dispute which was referred to the Labour Court, Rajkot for adjudication. The Labour court by the impugned award, after discussing the case of the respondent, in para 7 of the award, wherein it is recorded that the workman had admitted that he has not issued tickets to 26 passengers, the learned Judge proceeded to examine the question as to 'whether the workman had collected fare from those 26 passengers'. The learned Judge has recorded in the same para that the workman in his statement on the spot has stated that, 'he could not issue ticket to 24 passengers'; that, 'they had paid amount, but he could not issue tickets'. The learned Judge has then recorded that in the statement which was recorded on the spot it was stated by the workman that, 'he was not well' and that, 'the passengers were taking families with them and therefore he could not issue tickets'. The learned Judge has then appreciated the statements of some of the passengers which were also recorded on the spot and found that the passengers have stated in their statement that, 'they had paid amount to the conductor and that till the place of checking, tickets were not issued'. The learned Judge then proceeded further and appreciated the evidence and found that from amongst these passengers some of the passengers are examined before the Inquiry Officer, of whom Mr.Pravinchandra has stated that he was in hurry to go; therefore, he has signed on a blank paper. Said witness, Mr. Pravinchandra has deposed in his deposition before the Inquiry Officer that, 'the respondent workman was busy in doing road booking and as he was sitting in the rare part of the bus, the latter could not reach to him. Similarly, another witness, one Mr.J.J. Ram Kashiram has also deposed in his deposition before the Inquiry Officer that, 'at the time of checking, the amount was in his hand and he did not pay the same to the respondent conductor' and that, 'he had not given any statement on the spot' and that, 'he had signed the statement without reading the same'. He has also deposed that, 'when the bus was checked a little away from Jasdan, the respondent conductor's booking was in progress'.;