- (1.) The instant petition is directed against the award dated 8.9.2009, Annexure P3, passed by the Presiding Officer, Labour Court, Patiala whereby the reference has been answered against the petitioner-workman and the action of the Management in removing him from service has been upheld.
(2.) It is not in dispute that the petitioner had joined the respondent Pepsu Road Transport Corporation as a Conductor on 16.1.1966. He continued to serve upto 5.6.1997 and his services were terminated on 6.6.1997. A domestic enquiry was initiated against the petitioner on the allegation that while on duty on Bus No.9194 on the Patiala to Nauhrian route on 3.3.1996 checking was done by a team of officials and it was found that the petitioner had not entered one ticket booklet containing tickets of denomination of Rs. 10/- each pertaining to route falling in Himachal Pradesh in his way bill. In the checking, it was found that the passengers were travelling in groups and if the bus was not checked by the checking staff, then the petitioner would have easily re-sold the said tickets after getting them back from the passengers. Allegation in a nut-shell was that the petitioner in such manner had the intent to mis-appropriate a sum of Rs. 530/-. Upon an enquiry report having been furnished against the petitioner, his services were terminated vide order dated 6.6.1997, Annexure P1, passed by the Managing Director, Pepsu Road Transport Corporation, Patiala. Upon an industrial dispute having been raised, a reference was made to the Labour Court, Patiala and on the pleadings of the parties, following issues were framed: 1. Whether the management had conducted a fair and proper inquiry? OPR 1A.Whether workman committed misconduct? OPR 2. Whether the services of workman stands validly terminated? OPR 3. Relief.
(3.) Issue No.1 was treated as a preliminary issue and vide order dated 14.7.2004, the Labour Court decided the same in favour of the petitioner-workman and against the Management. Since the domestic enquiry had been held by the Labour Court to be not fair and proper, as such, evidence was adduced before the Labour Court itself by the Management to prove the allegations of mis-conduct against the workman.;