- (1.) RAKESH Tiwari, J. Heard learned Counsel for the parties and pe rused the record.
(2.) THIS writ petition has been filed against the award dated 19. 12. 1996 passed by the Labour Court, U. P. Varanasi in Adjudication Case No. 271 of 1989. The impugned award has been enforced by publication on the notice board under Section 6-Aof the U. P. Industrial Disputes Act, 1947 on 19. 9. 1997. Respondent No. 1 was driving the bus of the U. P. State Road Transport Corporation on 14. 8. 81. While the bus was being driven by the respondent work man on Varanasi Korwan enroute it collided with another bus. The charge-sheet was issued to respondent No. 1 in this petition on the ground that the bus was being driven by him in a rash and negligent manner as such it has met with an accident and the Corporation has suffered a loss to the extent of Rs. 40,000/-After holding domestic enquiry respondent No. 1 was dismissed from service vide order dated 29. 12. 1988 and an industrial dispute was raised by him alleging ille gal termination from his service. Conciliation proceedings having failed the matter was referred to the Labour Court, U. P. Varanasi where it was registered as Adjudication Case No. 271 of 1989.
(3.) THE Labour Court after appreciating the pleadings and evidence of the parties answered the award in favour of the workman accepting his claim by the impugned award dated 19. 12. 96 and has directed the reinstatement of the work man in service with full back wages. The validity and correctness of the aforesaid award is challenged on the ground that in the departmental disciplinary proceedings respondent No. 1 was found guilty of driving the bus negligently due to which the bus collided with another bus and that the Corporation has suffered a loss to the extent of Rs. 40,000/- as stated above.;