Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioner challenging the Award dated 28.5.2013 passed by the respondent no. 2 - Presiding Officer, Labour Court, U.P., Rampur in Adjudication Case no. 41 of 1992 (Lakhan Singh Vs. U.P.S.R.T.C.) by which it has set aside the removal order dated 24.5.1989 and directed reinstatement of the respondent no. 1 with full back wages and other consequential benefits.
(2.) As per the pleadings in the writ petition, the respondent no. 1 was working on the post of conductor in Agra Depot of the Corporation. On 29.4.1987, the respondent no. 1 was deputed on bus no. UPU-2731. This bus was checked enroute by the Checking Party comprising of Ram Lal Arora and Kanhai Singh, Traffic Inspectors. It was found that 48 passengers were travelling without tickets while the respondent no. 1 had already realised the fare from such passengers, but had not made entries in the Way Bill nor issued tickets to them. The Checking Party thereafter issued block tickets to 40 passengers travelling from Bisauli to Chandausi and 8 passengers travelling from Bisauli to Mundia. As the Checking Party was making entries on the Waybill, the respondent no. 1 created obstruction in checking the bus and snatched away the Waybill from the Checking Party due to which it was torn and the driver sped away with the bus.
(3.) A report of the misconduct of the conductor was mae on 30.4.1987 by Sri R.L. Arora. The Station-Incharge on the basis of thereof sent a report on 4.5.1987. The respondent no. 1 was suspended on 18.5.1987. A charge sheet was issued to him on 8.10.1987.;