RAKESH TIWARI, J. - (1.) HEARD Counsel for the parties.
(2.) THIS petition is directed against an award dated 12.11.1998 passed by Labour Court, U.P., Varanasi in adjudication case No. 63 of 1997. The State Government having formed the opinion that an industrial dispute exists, referred the following matter for adjudication to the labour Court aforesaid: "KYA SEVAYOJAKO DWARA APANE SHRAMIK SRI SHAMBHU CHAUBEY SON OF SRI RAM SAGAR CHAD BEY, PAD PARICHALAK Kl SEWAYE DINANK11.9.1989 SE SAMAPT KIYAJANAUCHITTATHA/ATHWA VAIDHANIK HAI ? YADI NAHI TO SHRAMIK KYA HITLABH PANE KA ADHIKARI HAI ?"
(3.) FACTS of the case are that respondent No. 3-workman was a conductor in petitioner-U.P. State Road Transport Corporation. On 12.12.1985 the workman was deputed as conductor on Bus No. 4500 plying under contract with the corpo­ration on Allahabad-Jaunpur route. The checking authority on checking the bus found that five passengers out of a total of 50 passengers from Phoolpur to Badshahpur, were travelling without ticket even though the respondent No. 3 had already realised fare from them. On the basis of report submitted by the checking authority, a charge-sheet dated 21.6.1989 was served on respondent No. 3, who also submitted his reply. After holding domestic enquiry, the appointing authority being satisfied that charges of serious misconduct contained in the charge-sheet stood fully proved against him, removed the respondent No. 3 from service vide order dated 11.9.1989.;