Anjani Kumar, J. - (1.) This writ petition under Article 226 of the Constitution of India filed by U. P. State Road Transport Corporation-employer challenges the award dated 6.1.1997 passed by the Labour Court (1), Kanpur in Adjudication Case No. 20 of 1995. The State Government referred the following dispute under Section 4 (k) of U. P. Industrial Disputes Act. ..(VERNACULAR MATTER OMMITED)..
(2.) The labour court on receipt of the aforesaid reference, issued notice to the parties. Parties put in their appearance, exchanged their pleadings and adduced the evidence. Labour court by its award held that according to the regulations framed by the employer, the penalty imposed on the workman concerned is a penalty, which is not contemplated under the regulations governing the service conditions of the workman concerned with the employer. It has also been found by the labour court that since the employers have not produced the tickets, which were said to have been resold by the workman concerned. The workman was denied opportunity of defending himself.
(3.) Learned counsel for the corporation-employer, Shri M. M. Sahai placed the award before me and also referred to the regulations, which govern the service conditions with the employer. Regulation 63, provides as under : "63. Penalties.--The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on an employee, namely- Minor Penalties (1) Censure ; (2) Withholding of increment ; (3) Stoppage at an efficiency bar otherwise than on the ground of unfitness to cross the bar ; (4) Recovery from pay or deposit at his credit the whole or the part of a pecuniary loss caused to the Corporation by negligence or breach of order. Major Penalties (5) Reduction to a lower grade or post to a lower stage in a time scale ; (6) Removal from service which shall not be a disqualification for further appointment ; (7) Dismissal from service which shall be a disqualification for further appointment.";