- (1.) HEARD learned Counsel for the parties. The petitioner was bus driver in U. P. State Road transport Corporation and was suffering from Tuberculosis and Asthama. Due to his continued ill-health his services were terminated and he was paid Rs. 79,872 towards retrenchment compensation and retiral dues etc.
(2.) THE workman challenged his retrenchment in writ petition No, 33027 of 2002 in which the order of retrenchment was stayed by the High Court. In compliance with the interim order passed in that writ petition, the workman was reinstated in service and thereafter the department requested to refund amount of retrenchment etc. , which was paid to him. The workman did not refund the aforesaid amount and informed the department that aforesaid amount be adjusted from his salary and other dues. In the aforesaid backdrop, trie department initiated departmental inquiry proceeding against the workman on the ground of embezzlement of amount of retrenchment compensation which was not being refund by him. He was thereafter removed from service vide order dated 29. 1. 2003 on ground of misconduct.
(3.) AGGRIEVED by his removal, workman raised an industrial dispute which was referred to the Labour court, UP. , Agra whereas the case registered as adjudication Case No. 14 of 2005.;