- (1.) Heard learned counsel for the parties.
(2.) This writ petition is directed against award dated 23.8.2002 given by Presiding Officer, Labour Court (II), U.P., Kanpur in adjudication case No. 119 of 1998. The matter which was referred to the Labour Court was as to whether action of petitioner-employer terminating the services of its workman-driver-respondent No. 1 with effect from 30.6.1997 was just and valid or not? The services had been terminated after domestic inquiry. There were four charges against respondent No. 1. Three related to non-stopping of the bus on getting the signal for the same from the checking party on 28.8.1995, 19.10.1995 and 23.10.1995. The fourth charge was that respondent No. 1 mis-behaved and slapped his superior Shri Hari Datt Dwivedi, Assistant Regional Manager on 12.6.1996.
(3.) Charge-sheet was given on 24.9.1996, copy of which is Annexure-2 to the writ petition. Reply to the charge-sheet given by the workman is Annexure-3 to the writ petition. Petitioner was suspended on 28.5.1996 through order passed by Shri Hari Datt Dwivedi, A.R.M., Azad Nagar, Kanpur. Three reports regarding refusal of the workman-driver to stop the bus on getting the signal was given by Shri S.B. Singh, Jagdish Prasad, Gupta and Shri Ram Bahadur all Junior Centre Incharge. Shri Jagdish Prasad Gupta was Assistant Traffic Inspector. The third report was given jointly by Ram Bahadur, K.N. Verma, Ramesh Chandra Dubey as Assistant Traffic Inspector and Shri Suresh Singh, Traffice Inspector. In the reply it was mentioned that the workman was required to stop the vehicle by showing diary however, the Inspectors were not wearing the proper dress (wardi) and that they also did not identify themselves.;