Rakesh Tiwari - (1.) -Heard learned counsel for the parties and perused the record.
(2.) RESPONDENT No. 1 workman was appointed as driver in the U. P. State Road Transport Corporation, Agra, in the year 1988. He was issued charge-sheet dated 4.5.1988 for causing accident due to rash and negligent driving of the bus. The charge-sheet is as under :- ...[VERNACULAR TEXT OMMITED]... A domestic enquiry was conducted into the charges aforesaid and the enquiry officer found that the charges were partially proved against the workman concerned. Thereafter a show cause notice dated 29.9.1988 was issued against him and he was removed from service. The State Government having come to the conclusion that an industrial dispute exists referred the following matter of dispute to the labour court, U. P. Agra where it was registered as Adjudication Case No. 5 of 2000. ...[VERNACULAR TEXT OMMITED]...
(3.) BEFORE the labour court the parties apart from submitting documentary evidence adduced oral evidence also. A preliminary issue regarding fairness of the domestic enquiry was also framed on the basis of the pleadings of the parties.;