- (1.) HEARD learned counsel for the parties and perused the record.
(2.) THIS writ petition is directed against the S award dated 27-9-96 passed by the Labour Court (I), U. P. , Kanpur granting relief of reinstatement with continuity of service to the workman concerned with halfback wages and stoppage of two annual increments without any future effect. Respondent No. 1 workman was appointed as Conductor in U. P. State Road Transport Corporation. On the checking of the bus it was found that the workman was carrying 25 passengers without tickets regard ing which charge-sheet was issued to him. After holding domestic enquiry the workman concerned was removed from service vide order dated 3-12-93. An industrial dispute was raised by the workman concerned regarding removal from his service. The State Government being of the opinion that an industrial dispute existed between the parties referred the following matter of dispute to the Labour Court, (I) Kanpur where it was registered as Adjudica tion Case No. 10 of 1995. (Vernacular matter omitted. . . . . . . . Ed.)
(3.) IT appears that a preliminary issue re garding fairness and propriety of the domestic enquiry was also framed. The Labour Court upon preliminary issue held that the domestic enquiry against the workman con cerned was in accordance with the principle of natural justice. On merit, by its award dated 27-9-96 the Labour Court decided the refer ence in favour of the workman partially by setting aside the order dated 3-12-93 reinstat ing him in service with half back wages for the period he was not in employment due to removal from service. The contention of learned counsel for the petitioner is that the award of the Labour Court is wholly illegal and erroneous and against the material on record from which it is proved that the workman concerned was a habitual offender. It is stated that the punish ment imposed was just and proper and ought not to have interfered by the Labour Court.;