RAJSTHAN STATE ROAD TRANSPORT CORPORATION Vs. MAHESH KUMAR MATHUR
LAWS(RAJ)-2002-8-91
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on August 13,2002

Rajsthan State Road Transport Corporation Appellant
VERSUS
MAHESH KUMAR MATHUR Respondents

JUDGEMENT

ASHOK PARIHAR, J. - (1.) CHALLENGING the order of termination dated 25.1.1984, the plaintiff respondent (concerned workman) filed a suit for declaration before the trial court. After considering the evidence and material on record, the suit was decreed by the trial court vide order dated 15.4.1993 declaring the order of termination as illegal and void ab -initio and the concerned workman was ordered to be reinstated. So far as the back wages are concerned, a decree of Rs. 30015/ - was also passed. Aggrieved by the above order, the appellant corporation filed an appeal. However, the same was dismissed by the first appellate court vide order dated 12.8.1994. Hence the present appeal challenging both the orders by the courts below.
(2.) THERE is no dispute that though when the bus was checked, two passengers were found without ticket, however, the fair could not be realized from them because they started quarreling with the concerned workman and the checking party only could realize the fair from those two student passengers. Since there is a concurrent finding of fact by both the courts below and proper discretion been used in awarding relief to the concerned workman, in the facts and circumstances of the present case, I find no ground for any further interference of this Court in the present appeal. Moreso, when no substantial question of law been involved. Accordingly, I find no merit in the appeal and the same is dismissed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.