Rakesh Tiwari - (1.) -Heard counsel for the parties.
(2.) THE petitioner was appointed as conductor on 26.4.1971 in U.P.S.R.T.C. On 27.1.1981, he was on duty in Bus No. UTL 4585 on Varanasi-Singarauli route which was checked by the Checking Staff in presence of Assistant Regional Manager, Mirzapur Depot, Mirzapur. It is alleged that 70 passengers were found travelling in the Bus at the time of checking and out of whom 55 passengers were found travelling without ticket. THE petitioner was suspended and charge-sheeted. He submitted a reply to the show cause notice dated 12.9.1980. After enquiry he was found guilty of charges and removed from service w.e.f. 30.7.1984. A departmental appeal is said to have been preferred by him which was also rejected vide order dated 9.1.1986. THE petitioner has approached this Court by means of this writ petition under Article 226 of the Constitution of India challenging his removal from service as well as the order of dismissal. The petitioner is a workman within the meaning of Section 2 (z) of the U. P. Industrial Disputes Act, 1947. Disputed questions of facts are involved in this writ petition which would require adjudication by labour court. Oral and documentary evidence will have to be adduced for determination of the dispute. The question of removal of service is within the realm of the labour court under the First Schedule of the U. P. Industrial Disputes Act, 1947. This Court cannot take an exercise under Article 226 of the Constitution of India for determination of questions of facts requiring evidence. However, it is directed that if the petitioner raises an industrial dispute before the concerned Regional Conciliation Officer within two months from today, the said authority will try to amicably settle the dispute under the provisions of the U. P. Industrial Disputes Act, 1947. In case no settlement is arrived at, the matter shall be immediately referred by the competent authority to the labour court for adjudication. The reference so made, shall be decided by the labour court in the manner prescribed and time limits as provided in Rule 12 of the U. P. Industrial Disputes Rules, 1957, for filing written statements, rejoinder documents, evidence etc. If necessary the proceedings may be held on day to day basis under Rule 12 (4) of the Rules and the case may be decided preferably within a period of six months and not beyond from the date of receipt of reference.
(3.) FOR these reasons, the writ petition is dismissed on the ground of alternative remedy. No order as to costs.;