Rakesh Tiwari, J. - (1.) Heard Counsel for the parties. This writ petition arises out of an award dated 15.3.2000 passed by the Labour Court, U.P., Agra in adjudication case No. 57/2000. Respondent No. 1- workman was appointed as conductor in petitioner-corporation. On 3.6.1995 duty of the workman concerned was on bus No. UME 967, Fatehpur Sikri to Agra. At about 10 A.M. the said bus was checked by the checking staff at Orai and it was found that 64 passengers were travelling in the bus who had been issued tickets but complete entries had not been made in the way bill. It was also found that though the workman had issued 14 tickets to the passenger but original of 29 tickets issued by the petitioner were not with the passengers. On enquiry, the workman told the checking staff that he had inadvertently dropped or had left the same in a beetal shop where the bus had stopped for taking passengers and that he will deposit original of 29 tickets also. The workman later on also submitted the originals of the tickets issued by him.
(2.) An enquiry was initiated by the department on suspicion that writing/impression on the originals did not tally with the impression on the tickets issued to the passengers by the petitioner, hence he was charged that had the matter not came to light in checking, the workman concerned could have embezzled the fare by making original tickets for shorter distance and pocketing the difference of amount paid by the passengers for their tickets.
(3.) In the enquiry, the respondent-workman was found guilty of the charges and thereafter a show-cause notice was issued to him along with the enquiry report. After receipt of the reply from the workman, order of removal from service was passed by the Regional Manager, UPSRTC, Agra. A representation also appears to have been filed by the workman which was rejected by the General Manager. Revision preferred by the workman was too rejected. Thereafter, he raised an industrial dispute alleging illegal termination from service as well as on the quantum of punishment.;