Sibghat Ullah Khan, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS writ petition by the employer is directed against award dated 15.04.1998 given by Presiding Officer, Labour Court U.P. Agra in Adjudication Case No. 481 of 1993. The matter which was referred to the labour court was as to whether action of Petitioner employer terminating the services of its workman conductor Respondent No. 1 w.e.f. 22.02.1988 was just and valid or not? The dispute was raised after five years, i.e. in the year 1993. The charge against the Respondent No. 1 was that he was carrying 27 ticketless passengers on 08.07.1987. Thereafter charge -sheet was given to Respondent No. 1. Services were terminated after domestic enquiry.
(3.) WORKMAN Respondent No. 1 raised the plea before the labour court that domestic enquiry was not fair, however through order dated 15.04.1998 after thoroughly discussing the allegations of the workman, the labour court held that enquiry was completely fair. In the award in the first paragraph which is Para -11 as the award is in continuation of the order dated 12.02.1998 it is mentioned that parties were heard on relevance of evidence and quantum of punishment. Thereafter, In the last paragraph i.e. Para -13 the labour court held that the charges were not fully proved and benefit of doubt should be given to the workman. Ultimately reinstatement with 25% back wages was ordered.;