- (1.) HEARD counsel for the parties and perused the record.
(2.) THE petitioner has challenged the validity and correctness of the impugned award dated 28-11-2005 passed by Labour Court, U. P. at Lucknow in adjudication case No. 190 of 2001. The petitioner claims that he was ap pointed on the post of driver in U. P. State Road Transport Corporation in the year 1982, the petitioner was deputed to drive bus No. UP78/974 on 7-3-1994 on Unnao-Maurawa route. The case of the department is that a tempo had developed the mechanical fault and as such the checking staff gave signal to the petitioner near Dahi Chowki to stop the bus but he did not stop the bus. Report about of alleged misconduct was submitted by Sri Mushraf Ali, Traffic Superintendent to Re gional Manager against the petitioner on 12-3-1994 inter alia that in spite of being given sig nal for checking the bus by 5 officers on duty by staff car on 7-3-1994, the petitioner did not stopped the bus. The petitioner was charged on 9-11-1994 for aforesaid alleged misconduct as reported by the Traffic Superintendent. The petitioner also filed his reply on 6-1-1995 denying the charges levelled against him inter alia that he was never given signal to stop the bus as such he has not committed any misconduct It was also alleged in the reply that Inquiry Officer appointed was not an independent person be ing Assistant Regional Manager of the corpo ration. In the inquiry he claims to have requested the Inquiry Officer to call the Traffic Superintendent and other officers for giving evidence but Inquiry Officer submitted the report without taking evidence of any check ing staff. A show cause notice was given to the petitioner on 15-9-1997 as to why the pun ishment of removal of service may not be awarded. The petitioner submitted his reply to the aforesaid show cause notice on 7-10-1997. The Inquiry Officer after considering the re ply of the petitioner vide order dated 30-6-2001 dismissed the petitioner from his ser vice.
(3.) AGGRIEVED the petitioner raised an Indus trial Dispute before the Presiding Officer. The conciliation proceedings having filed and the State Government being of the opinion that an industrial dispute existed between the parties, made the following reference to Labour Court:- (Vernacular matter omitted. . . . . Ed.) The aforesaid reference was registered as adjudication case No. 190 of 2001 by the Presiding Officer, Labour Court, Lucknow.;