- (1.) RAKESH Tiwari, J. Heard the counsel for the parties and perused the record.
(2.) THIS writ petition is directed against the award of the labour Court dated 6-4-1984, Annexure-12 to the writ petition. By the impugned award the labour Court has held that the termination of the services of the workman was neither legal or justified and as such he is entitled to reinstatement with full back wages till he reinstated. By the interim order dated 10-10-1984 the operation of the impugned award dated 26-4-1984 was stayed. The interim order dated 10-10-1984 was modified vide order dated 26-2-1986 directing that any further implementation of the award dated 26-4-1984 was stayed provided the petitioner takes back respondent No. 3 in service by 15-3-1985 and pays him monthly wages thereafter in the usual way as and when they became due on the footing that respondent No. 3 has earned all his increments throughout the period of his unemployment. The brief facts of the case are that respondent No. 3 was initially appointed as conductor in the corporation with effect from 12-3-1974. He was conducting Bus No. 9783 on Agra Shamshabad route. The Bus was checked by the checking staff at about 6-00 p. m. and it was found that the Bus was carrying 58 passengers, out of which 14 passengers were without tickets, but respondent No. 3 hurriedly distributed 9 tickets to the passengers and made entries in respect of them in the Way-Bill. It is alleged that he was caught red handed by the checking staff. The checking staff submitted a report on 8-12- 1981. He was placed under suspension and a charge-sheet dated 26-12-1981 was served on him. He submitted his reply. Consequently, departmental proceedings continued against him, as the reply submitted by him was not found to be satisfactory. The Appointing Authority after carefully considering all the materials on record, removed him from service vide dated 12-2-1982. He raised an industrial dispute before the Regional Conciliation Officer, Agra, but no settlement arrived at, a report was submitted to the State Government. The State Government while expressing its powers under Section 4 of the U. P. Industrial Disputes Act, referred the following dispute to the labour Court, Agra on 31-3- 1983, which was registered as Adjudication Case No. 32 of 1983: "whether the termination of services of Gopi Chandra son of Sri Bhudha Ram with effect from 12-2- 1982 by the employers was proper and/or legal ? If not, to what relief/damages is he entitled. "
(3.) THE employers did not stress on the domestic enquiry and sought to establish the case on the entire evidence adduced before the Court. THE labour Court after going through the entire facts and evidence gave findings of fact that the whole case against the workman is based on suspicion. THE labour Court held that the Conductor had already issued 9 tickets and did not accept the contention of the employers that the entries of 9 tickets were not made. In so far as the remaining five tickets are concerned the labour Court held mat they had already torn from the Ticket-Book when intercepted by the checking staff. It seems that the Conductor would have to pay and deposit the costs of those tickets as well. Relying upon the case of Arya Vaidya Pharmacy (Coimbatore) Ltd. v. Secretary, Arya Vaidya Pharmacy Employees Union, 1982 (44) F. L. R. 218, wherein it has been held that the case against the workman should be fully established. THE labour Court held that the checking staff did not conduct the checking in this case in a manner, which may establish the guilt of the Conductor and did not adduce any independent witness and that the evidence led before the Court also does not establish the guilt and dishonesty of the Conductor beyond doubt. THE labour Court by the impugned award set aside the termination of services of the workman granting him relief of reinstatement with full back wages till he is reinstated. Counsel for the respondents submits that the workman has been reinstated, as directed by the interim order granted by this Court. He has also been promoted and is working as Booking-Clerk for the last eight years.;