N.N.MATHUR, J. - (1.) The two appeals are directed against the judgment of the learned single Judge. D.B. Special Appeal No. 477/1999 is against the judgment in S.B. Civil Writ Petition No.20/1992, wherein the writ petition filed by Rajasthan State Road Transport Corporation, hereinafter referred to as, the 'Corporation's has been accepted and the second Reference made by the State Government dated December 20, 1988 under Section 10 of the Industrial Disputes Act has been quashed. As a consequence, the order of the Labour Court dated August 14, 1991 has also been quashed. D.B. Special Appeal No. 536/1999 has been filed against the judgment in S.B. Civil Writ Petition No. 3778/1998, wherein the Corporation challenged the award dated March 20, 1998 passed on second Reference made by the State Government vide Notification dated December 20, 1988. Learned single Judge has set aside the award dated March 20, 1998, in view of decision rendered in S.B. Civil Writ Petition No. 20/1992.
(2.) The few necessary facts are as follows: The appellant-workman entered in the services of the Corporation as a cleaner on temporary capacity under the order of Assistant Mechanical Engineer dated October 15, 1974. During his tenure of service, he is alleged to have committed various acts of misconduct for which he was given notice from time to time. The reference of the notices as detailed in the reply filed by the Corporation before the Labour Court, are given as follows: "1. Wilful absence during the period Augusts, 1976 to August 25, 1976; 2. Wilful absence for the period September 25, 1976 to October 5, 1976; 3. On October 9, 1976, did not return on duty after lunch hours; 4. A notice dated April 6, 1977 was given for his continuous absence after January 30,1976; 5. Wilful absence during the period January31, 1978 to February 21, 1978; 6. Wilful absence for the period July 20,1978 to July 30, 1978 and August 1, 1978 to August 23, 1978. Joined duty on August 24, 1976 and again remained absent; 7. On June 7, 1982, he left the workshop without permission and without handing over the relevant registers and also misplaced the key of the office on account of which the lock had to be broke open; 8. A notice was given on August 24, 1983, alleging that on July 21, 1983, a Roadways Bus bearing No. 4667 on Barmer-Dhorimana was driven by him unauthorisedly in spite of the fact that the driver Gopal Singh was on duty. It is alleged that the driver Gopal Singh, Conductor Prem Singh and the appellant-workman had consumed liquor. They were in drunken condition. The vehicle was driven by the workman-appellant rashly on account of which two persons sitting on the terrace of the bus fell down and died; 9. On July 27, 1982, he misbehaved with the higher authorities of the department. It is alleged that he pulled up the sleeves and abused the officer in filthy language; 10. In the attendance register of employees for the month of April and May, 1982, he is alleged to have fraudulently permitted the signatures of some of the employees, who were actually not on duty. " In reply, a complete calendar of his absence has been given at page 63 of S.B. Civil Writ Petition No. 20/1992.
(3.) The appellant was first suspended on June 18, 1982 and thereafter was served with a chargesheet on June 29, 1982. A Departmental Enquiry was instituted against him. The Divisional Mechanical Engineer conducted the enquiry and found the charges proved against him. Accordingly, his services were terminated by order dated January 12,1984. The appellant preferred an appeal against the said order, which was rejected by order of the General Manager (Operation) dated June 1,1984. The appellant raised an industrial dispute on submission of failure report by the Conciliation Officer, the State Government by order dated July 5, 1985 made a reference to the Labour Court, Jodhpur, referring the following question: (Vernacular matter Omitted);