RAKESH TIWARI,J. - (1.) HEARD Counsel for the parties and perused the record.
(2.) THIS writ petition has been filed against an award dated 30 -1 -2001 passed by the Labour Court IV, U.P., Kanpur in Adjudication Case No. 106/98; order dated 14 -12 -1995 passed by the Mandaliya Pradhan Prabandhak; and punishment order dated 6 -7 -1995 passed by the Regional Manager. The case of the petitioners, in brief, is that he was appointed as a Driver in Etawah Depot of the U.P. State Road Transport Corporation (U.P.S.R.T.C.) in 1989. He was suspended on 26 -6 -1992 on the allegations that due to his negligent driving Bus No. 75/1308 collided with a railing on 21 -5 -1992 on Etawah -Delhi -Meerut route causing loss of Rs. 8267/ -to the Corporation and also for causing damage to Bus No. 2381 on 19 -6 -1992 and Bus No. 4018 on 25 -6 -1992.
(3.) THE petitioner denied the charges in his reply dated 20 -9 -1992. Thereafter an enquiry was held and notice was issued to him calling upon his to show cause as to why he should not be removed from service withholding his pay for the period of suspension. The petitioner submitted his reply to the show cause notice by means of letter dated 8 -8 -1994. By order dated 6 -7 -1995 passed by the Regional Manager the petitioner was removed from service and recovery of Rs. 6767/ -was also ordered to be made from him for the loss caused by him to the Corporation. Aggrieved by the order dated 6 -7 -1995 the petitioner filed an appeal before the Mandaliya Pradhan Prabandhak on the ground that the vehicle was not fit to be driven. The appeal of the petitioner was dismissed by the Mandaliya Pradhan Prabandhak vide order dated 14 -12 -1995 on the ground that if no fitness certificate was given to the vehicle, the petitioner ought not have taken out the same on road and the petitioner had fled away from the place of accident showing that he was guilty. Again aggrieved by the order of termination the petitioner raised an industrial dispute. On conciliation proceedings having failed the State Government referred the dispute to the Labour Court, Kanpur for adjudication. The English translation of the reference made to the Labour Court, Kanpur is as under: "Whether the punishment awarded by the employers by order dated 6 -7 -1995 the petitioner -workman Vijay Kumar Paliwal S/o Sri Misri Lal Paliwal, Etawah Depot is justified and/or legal? If not, to what benefit/compensation (relief) is he entitled to and with what other details? ;