- (1.) By means of this writ petition the petitioner is challenging the judgement of the Labour Court dated 9.10.1996 published on 29.1.1997 in Adjudication Proceedings no.118 of 1994.
(2.) The facts of the case, in brief, are that the deceased-respondent no.1 was a conductor in the UPSRTC, Unnao-Nawabganj. On 15.9.1982 the checking squad conducted a surprise check on the bus and found 36 passengers travelling without ticket. A report was submitted on 20.9.1982 and, thereafter, a chargesheet was issued to the respondent no.1 and an enquiry was conducted and by order dated 24.5.1983 respondent no.1 was dismissed from service.
(3.) The respondent workman raised an industrial dispute, which was adjudicated by the Labour Court by its award dated 18.4.1987 in Adjudication Proceeding no.227 of 1985 and the order of dismissal dated 24.5.1983 was set aside on the sole ground that the said order has been passed by the Assistant Regional Manager, who was not competent to pass the said order. However, the competency of the Assistant Regional Manger to pass penalty order came up for consideration before this Court in the case of Nagendra Prakash Sharma vs. Regional Manager, U.P. State Road Transport Corporation, Ghaziabad and others reported in 1988 UPLBEC 155 and this Court by its judgement dated 10.12.1987 upheld the Ordinance No.9 of 1987, U. P. State Road Transport Corporation Employees (other than officers) (Appointing Authorities) Ordinance 1987 in so far as the said ordinance sought to overrule decision of the Courts on the ground that the Assistant Regional Manager lacks the competency to pass the orders of punishment.;