- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THIS writ petition has been filed for quashing the impugned award dated 19. 1. 2000 passed by the Labour Court, Agra. The facts of the case are that while the workman was on duty in Bus No. U. P. 80-A 9412 on 20. 8. 1995, it was checked and 27 passengers were found without tickets after departmental proceedings enquiry report was submitted by the Enquiry Officer on 12. 2. 96 finding the charge of carrying 27 passengers with out tickets not proved against the workman. A show cause notice was however, issued to the workman proposing punishment of dismissal from service as the then competent authority disagreed with the report. Thereafter he was removed from service vide order dated. 30. 11. 1996. The representation of the workman against the order of removal dated 30. 11. 96 was also rejected by the Chief Man ager on 25. 7. 2007. The workman raised an industrial dispute, which was referred to the Labour Court, Agra by the Conciliation Officer, which was registered as Adjudication Case No. 367 of 1998.
(3.) THE case of the workman before the Labour Court was that he was suffer ing from pain in right hand and was unable to do duty'and had applied for leave which was refused by the authorities compelling him for duty on the bus aforesaid while the bus was proceeding to its destination. In the way another bus of the Corporation which developed some technical fault was standing. THE passengers of the aforesaid bus boarded the bus which was being conducted by the workman concerned and he took fare from them but was not able to fill up the way bill etc. due to injury in his left finger. In the meantime, the bus was inspected and it was found that 27 passengers were travelling in the bus for which the money had been taken by the respondents without issuing tickets to them. The case of the employer before the Labour Court was that the workman had accepted the money therefore, he was obliged to issue tickets. If he had any problem due to the injury in filling up the way bill, he could not have issued the tickets and informed the authorities in this regard.;