V.K.SHUKLA,J. - (1.) PETITIONER is questioning the validity of the award passed by Labour Court, Gorakhpur answering the reference in negative holding that services of the petitioner have been rightly dispensed with.
(2.) BRIEF background of the case is that petitioner had been discharging his duties as conductor with U.P. S.R.T.C. On two dates, namely, on 24 -4 -1987 and 12 -6 -1987 inspection was carried on. On both the occasions, it was found that petitioner had been carrying passengers without tickets. Qua both the incidents, separate charge sheets were issued and inquiry was conducted and thereafter, it was concluded that petitioner was guilty of carrying passengers without tickets. After the said report was submitted, finding the charges proved against petitioner letter dated 29 -1 -1988 was issued asking the petitioner to show cause as to why punishment of removal from service be not inflicted upon him. Petitioner filed reply to the said show cause notice. On 29 -7 -1988 order of removal from service was passed. Petitioner represented against the same, and pending representation, petitioner raised industrial dispute, and thereafter matter was referred to the Labour Court for adjudication, which was registered as I. D. Case No. 314 of 1989. Before the Labour Court respective parties filed their written statements and thereafter preliminary issue was framed as to whether inquiry undertaken against petitioner was fair and proper or not. In the said preliminary inquiry finding was returned that inquiry was fair and proper, and thereafter charges were proved, as such reference made to the Labour Court was answered in negative. At this juncture, present writ petition has been filed. Counter affidavit has been filed and therein the statement of fact mentioned in the writ petition has been rebutted and it has been contended that appeal of the petitioner against dismissal was dismissed on 7 -2 -1989. It has also been contended that charge sheet dated 4 -6 -1987 was not issued on the basis of the report submitted by Sri J. N. Sinha, as such there was no infirmity in the appointment of Sri J.N. Sinha as Inquiry Officer qua the said charge sheet, further it has been contended that finding arrived at is not at all liable to be disturbed with.
(3.) AFTER pleadings aforementioned have been exchanged, the writ petition has been taken up for final hearing and disposal with the consent of the parties.;