RAKESH TIWARI, J. - (1.) HEARD Counsel for the petitioner Sri Samir Sharma at length, the Standing Counsel for representing respondent Nos. 1 and 2 and Sri H.K. Mishra Counsel for respondent No. 3, the workman concerned Sri Ram Nath Nishad.
(2.) THIS petition is directed against the award of the Labour Court dated 21.5.1993 (published on 18.11.1993), passed by Industrial Tribunal (I) at Allahabad. By the impugned award, the Labour Court has set aside the punishment of re­moval from service of the workman concerned and has decided reference in favour of him holding that his removal from service on 25.2.1989 is improper and bad in law and that he is entitled to be reinstated with full back wages except to the extent he was gainful employee during the period he was out of job. The Industrial Tribunal also granted continuity of service and other benefits admissible to him in accordance with law. The brief facts of the case are that the workman concerned was a conduc­tor in U.P. Rajya Sadak Pariwahan Nigam through Chhetriya Prabandhak, Patel Marg (Rajapur), Allahabad. He was suspended on 4.6.1980 and was thereafter reinstated provisionally on 21.02.1982. Thereafter a charge-sheet on 21.2.1986 regarding temporary embezzlement of the amount collected by sale of tickets was issued to him.
(3.) THE charge-sheet was replied by the workman concerned and enquiry was set up. The Enquiry Officer submitted his report inter alia that the workman con­cerned was somewhat careless but had not ill motive and the charge of tempo­rary embezzlement was not proved. The workman was however dismissed from service from 25.2.1989 after serving of a show-cause notice. The remaining salary of suspension period was also forfeited by the employee while terminating the service of the workman. Aggrieved by his order of dismissal, the workman con­cerned represented the higher authorities but the order of his termination was maintained by the employer.;