ARUN MADAN, J. - (1.) This special appeal is directed against the judgment dated September 29, 1997 passed by the learned single Judge whereby Civil Writ Petition No. 5309/1995 has been allowed and the Award passed by the learned Labour Court, Kota on November 25, 1993 in LCR No. 95/89 has been set aside.
(2.) The facts giving rise to this appeal, in nutshell, are that the appellant was working as Conductor on the vehicle of Rajasthan State Road Transport Corporation (for short, "Corporation"). A charge sheet was issued to the appellant on May 25, 1979 for the allegations inter alia that on May 11, 1979 during surprise checking of vehicle on which he was performing duty as Conductor on Beawar Shyamgarh routes, 23 adult and child passengers were found travelling without tickets. A domestic enquiry was conducted. In his report, the enquiry officer held the charges proved against the appellant. Considering the enquiry report, the respondent Corporation terminated the services of the appellant by order dated September 2, 1980, against which the appellant raised an industrial dispute, which was referred to the Labour Court.
(3.) Before the Labour Court in the Reference under Section 10 of the Industrial Disputes Act, 1947 (for short "the Act"), the appellant submitted his statement of claim representing inter alia that during domestic inquiry he was not afforded opportunity of hearing, thereby the inquiry was vitiated and he was illegally terminated from service, and therefore, he was also entitled to all consequential benefits including reinstatement in service. In reply to the appellant's statement of claim, the respondent Corporation contended that the termination of the appellant from service was not bad in law keeping in view his past conduct. For the past conduct the respondent Corporation represented that prior to the charge sheet in question, during checking of vehicle made on April 21, 1977, October 31, 1977, November 15, 1977 and December 6, 1977 respectively, two, three, three and eight passengers were found without tickets, and that for the checkings of April 21, 1977, November 15, 1977 & December 6, 1977 the appellant was saddled with penalty of stoppage of one and two increments with cumulative effect respectively whereas for checking made on October 31, 1977, he was imposed with penalty of censure.;