- (1.) The present writ petition has been filed by the Uttar Pradesh State Road Transportation Corporation (UPSRTC) to challenge the award of the Industrial Tribunal, Allahabad dated 22.09.2014 in Adjudication Case No. 18 of 2009. By that award, the Industrial Tribunal had awarded the relief of reinstatement to the respondent-workman, together with full back-wages.
(2.) The challenge to the aforesaid award has been made on two counts. First, it has been submitted, once the Industrial Tribunal recorded a finding that the domestic inquiry was vitiated, it could not have, directly proceeded to make the final award without allowing the petitioner/management one opportunity to lead evidence to prove charges against the respondent-workman, in the adjudication proceedings. Second, it has been submitted, in absence of any pleading made by the respondent-workman and in absence of any evidence being led by him in that regard, the Industrial Tribunal had completely erred in granting the relief of full back-wages.
(3.) The facts giving rise to the present writ petition may be noted in brief. The respondent-workman was engaged as a 'Conductor' by the petitioner-corporation. He was initially charged on 26.09.1997 for carrying passengers without ticket/s on the bus of the petitioner-corporation as also for having lodged bogus first information report. While that proceeding resulted in the order dated 05.08.1997 wherein the respondent-workman was awarded the punishment of dismissal, however, it is on record, that upon appeal, the punishment order was set aside and a fresh inquiry was permitted to be conducted in accordance with law. Upon conclusion of the re-inquiry proceedings, the inquiry report was submitted on 23.10.2001 where upon the Regional Manager of the petitioner-corporation issued a show-cause notice to the respondent-workman calling for his reply.;