- (1.) BOTH these writ petitions are directed against the same award Court dated 28-2-1990 given by Presiding Officer, Labour Court (IV)U. P. Kanpur in Adjudication case No. 105 of 1986. The matter which was referred through order dated 29-10-1986 was as to whether the action of the employer, U. P. S. R. T. C. terminating the services of its employee Om Prakash Singh, a Conductor, through order dated 4-6-1983 was valid or not.
(2.) THE charge against the employee was that on 25-1-1983 on surprise inspection it was found that he was carrying 38 passengers without tickets. In domestic enquiry charge was found proved. The employee admitted that oral statements of the witnesses were recorded in the enquiry in his presence and that he did not make any complaint regarding unfairness of domestic enquiry, during continuance of enquiry. Labour Court held that enquiry was fair. Apart from it, Labour Court in its award held that the workman in cross-examination clearly admitted that at the time of surprise inspection he had not issued tickets to 38 passengers.
(3.) HOWEVER, regarding quantum of punishment (i. e. dismissal from service), Labour Court held that it was too severe. Accordingly Labour Court directed reinstatement but without any back wages. The said award has been challenged by both the parties.;