- (1.) By this writ petition the petitioner is challenging the order dated 1.9.1999 .
(2.) Briefly stated the case of the respondent no.1 is that he was working as Conductor under the petitioner-department and his services were terminated with effect from 30.3.1988. He raised an industrial dispute, which was referred by the State Government by a notification dated 13.12.1991 to the labour court in exercise of power under Section 4k of the U.P.Industrial Disputes Act, 1947. The case of the respondent no.1was that earlier he was placed under suspension on 1.8.1985, which was revoked on 9.3.1987 but thereafter again by order dated 13.4.1987 he was placed under suspension. Thereafter, on 13.4.1987 a chargesheet was issued to him. Charge against the petitioner was that when the Bus no.U.P. H.I. 502 was going from Shahjahanpur to Mohamadi, on 30.7.1985 it was checked by the inspection staff and 20 passengers were found travelling without ticket. Charge against the petitioner further was that when he was questioned in this regard he tried to snatch the way bill and thereafter tore up the same. A departmental enquiry was held against the petitioner in which the petitioner was found to be guilty of the aforesaid charges. Thereafter, the competent authority proceeded to pass the order dated 30.3.1988 by which the petitioner was removed from service.
(3.) Before the Labour Court a preliminary issue was framed on 25.8.1992 as to whether the departmental enquiry held against the petitioner was legal and valid. On 2.7.1998 respondent no.1, workman gave an application stating that he does not want to say anything with regard to termination of the respondent no.1 and thereafter the Labour Court proceeded to pass an order holding the departmental enquiry to have been legally and validly held.;