J.J.MUNIR,J. - (1.) Heard Sri Brijendra Deo Mishra, learned counsel for the petitioner and Sri Sunil Kumar Mishra, learned counsel appearing for the respondent-Corporation.
(2.) This writ petition has been preferred by a workman challenging an award of the Labour Court 2nd, U.P., Kanpur in Adjudication Case No. 235 of 1999, dated 02.09.2008 and published on 13.01.2009. The said award is hereinafter referred to as 'the impugned award'. By the impugned award, an industrial dispute raised at the instance of the petitioner, Chandra Shekhar Vishwakarma, who is hereinafter referred to as the 'workman', questioning his termination from service by respondent no. 3 has been answered against him.
(3.) The facts giving rise to this writ petition are that the workman was a bus conductor in the employ of the U.P. State Road Transport Corporation, represented before this Court by respondent nos. 2, 3 and 4. The aforesaid corporation and its various officers are hereinafter referred to as the 'Employers'. The petitioner was posted as a conductor at the Orai depot of the Employers in the District of Jalaun. On 27.03.1997, the petitioner was operating Bus No. UP 933599 on the Lucknow-Orai route. As the vehicle approached Kalpighat, it was checked by a Traffic Inspector of the Employers from the Banda Depot, one Wakeel Ahmad. According to the petitioner, the Traffic Inspector found sixteen passengers on board bus, which did a perfect tally with entries in the way-bill. The petitioner claims that lateron, the Traffic Inspector lodged a complaint dated 28.03.1997 with the Employers, to the effect that sixteen passengers were found traveling on the bus, when he checked the vehicle. He found one of them to be without ticket. It was claimed by the Traffic Inspector vide his complaint dated 28.03.1997 that the workman abused him in filthy language and misbehaved.;