RAKESH TIWARI, J. - (1.) HEARD counsel for the petitioner and the standing counsel.
(2.) THIS petition has been filed challenging the validity and correctness of the award dated 1.7.1996 passed by labour court (II), U.P., Ghaziabad in adjudication case No. 17 of 1992. The aforesaid award was enforced by publication on the notice board on 15.11.1996 and has come into force after thirty days of its publication as provided under Section 6 -A(3) of U.P. Industrial Disputes Act, 1947. The facts in nutshell as culled out from the record, are that respondent No. 3 was working on the post of conductor in petitioner corporation. On 18.12.1989, he was deputed on bus No. UPP 9096 on Gulawati Syana route. The bus was checked enroute and it was found by the checking party that out of 36 passengers, 23 passengers were travelling without ticket and about 100 Kgs. of luggage which was being carried on the bus, had not been booked. When checking party demanded way bill, the respondent workman refused to hand over the same. It also appears on the same day when the said bus was returning from Syana to Bulawati, it was again checked and it was found that out of tickets and that the respondent workman also created obstruction during the second checking. A report is said to have been submitted by the checking party in this regard.
(3.) THE appointing authority being of the opinion that misconduct of the workman concerned may result into a major punishment, placed the workman under suspension vide order dated 16.3.1989. Subsequently, a charge sheet dated 3.5.1989 was issued to the workman, to which he filed his reply and thereafter departmental enquiry was initiated against him. The Inquiry Officer who was a retired District Judge found that charges against the workman were not proved. The said enquiry report has not been filed alongwith the writ petition.;