Ravi Nath Tilhari, J. - (1.) Heard Sri Sheo Ram Singh, learned counsel for petitioner and Sri Ajai Kumar Tiwari, learned Standing Counsel. No one appeared for private respondents to argue the matter even in the revised list. The Court proceeded to hear the matter as it is pending since 2006. After hearing the learned Counsel for the petitioner and the learned Standing counsel, judgment was reserved.
(2.) The petitioner has challenged the Award dated 23.9.2005 passed by Presiding Officer, Labour Court-II U.P. Kanpur/Respondent No. 2 in Misc. Dispute No. 40 of 2001, under Section 6-F of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act 1947'). By the said award, the order bearing no. 8025 dated 26.12.2000 passed by U.P. State Road Transport Corporation, Jhansi area office Tehsil Road, Jhansi through Regional Manager/ Respondent No. 3 and the appellate order dated 23.4.2001 removing the respondent no. 1 from services, have been declared illegal and the petitioner-corporation was directed to restore the services of respondent no. 1 (now deceased and substituted by his heirs and legal representatives as respondent nos. 1/1 to 1/4), giving continuity in service with all consequential benefits, including payment of full salary and other allowances. The rest part of the order dated 26.12.2000, whereby salary/wages of suspension period was denied and recovery of the amount of loss of tickets to the tune of Rs. 30734.70/-, was directed, was maintained by the Labour Court.
(3.) Briefly stated facts of the case are that the respondent no. 1, Devendra Kumar Verma was engaged as conductor and was posted at Rath Depot in Jhansi Region, Jhansi. He was chargesheeted and a preliminary inquiry was held for the alleged misconduct dated 23.9.1995, i.e. he was caught red handed carrying 13 passengers in bus No. UGO-9890 without tickets. Vide order dated 25.9.1998 he was found guilty of misconduct. The departmental appeal filed by respondent no. 1 was partly allowed vide order dated 26.3.1999 modifying the order of punishment of removal to stoppage of two years' increments without affecting his future services. The respondent no. 1 raised Industrial Dispute before the Labour Court, Kanpur being Adjudication Case No. 47/2001.;