ARUN TANDON, J. - (1.) HEARD learned Counsel for the parties.
(2.) U .P. State Road Transport Corporation (for short 'UPSRTC') has filed this writ petition against the award of the Labour Court on 16th June, 2005 passed in Adjudication Case No. 131 of 2003. The dispute between the employers (UPSRTC) and its workman Sri Surendra Singh, with regard to the order of punishment dated 28th June, 2002, whereby the workman was removed from service after holding enquiry, was referred under Section 4-K of the Industrial Disputes Act. The Labour Court, under the impugned award, has held that the order of punishment dated 28th June, 2002 was illegal. The workman is entitled to be reinstated w.e.f. January, 2003. In respect of the back wages, 50% of the total wages admissible has been awarded with a cost of Rs. 2000/-. The facts giving rise to the present writ petition are as follows: The workman was employed as a driver in UPSRTC. He was served with charge-sheet No. 1951, dated 26th April, 1999, which amongst included (a) the charge of intentionally not completing the full journey of the bus on the prescribed routes on 9th March, 1999, 11th March, 1999, 26th/27th March, 1999 and on 16th April, 1999, (b) the charges of loss of Rs. 3,355\-caused to the Corporation/State Government because of not completion of the aforesaid journey. The other charge was with regard to the indiscipline and misbehaviour with the Senior Officers of the Corporation, the workman submitted a reply to the charges to levelled and denied the same. After departmental enquiry, a second show-cause notice dated 23rd June, 2000 was issued to the workman requiring him to show-cause as to why he may not be removed from service.
(3.) ANOTHER charge-sheet No. 3515 of 1999, dated 23rd July, 1999 was issued to the workman relating to his late coming on duty, refusing to drive the bus on the routes and indiscipline and misbehaviour with Senior Officers of the Corporation. The departmental enquiry was initiated in respect of the charges, after departmental enquiry and opportunity to lead the evidence as well as to cross-examine the departmental witnesses. Enquiry Officer submitted his report recording therein that the charges have been found proved against the workman. Accordingly second show-cause notice dated 17th April, 2002 along with a copy of the enquiry report was forwarded to the workman (respondent No. 2) requiring him to show-cause as to why he may not be removed from service.;