- (1.) Heard learned Counsel for the parties.
(2.) This writ petition is directed against award dated 23.04.2002 given by Presiding Officer, Labour Court (I) U.P. Kanpur in Adjudication Case No. 27 of 2000. The matter which was referred to the labour Court was as to whether the action of Petitioner employer terminating the services of its workman Chandra Prakash Soni, Respondent No. 1 who was conductor w.e.f. 25.08.1997 was just and valid or not.
(3.) Services were terminated after holding domestic inquiry, which was initiated by giving charge sheet dated 27.01.1999 to the workman. The allegation was that on three occasions on surprise inspection of the bus on which Respondent No. 2 was performing duty as conductor several passengers were found without ticket. The defence of the Respondent No. 1 was that on each occasion he was in the process of making tickets. The case of the employer was that firstly on 21.03.1996 at the time of inspection, several passengers were there in the bus but the entire way bill was blank. Nothing had been entered thereupon and on the direction of the Inspecting officer tickets were issued to the concerned passengers. The other charge against the workman was that on 12.12.1996 at the time of inspection, out of 63 passengers 11 passengers were found without tickets and it was entered on the way bill by the Inspecting officer that the conductor had refused to sign on his noting on the way bill. Almost after two weeks the Respondent was for the third time caught carrying 34 ticket-less passengers on 28.12.1996.;