- (1.) AWARD dated December 20, 1991 passed by the Labour Court, Bharatpur is under challenge in this writ petition filed by the R. S. R. T. C. (the petitioner Corporation) under Articles 226 and 227 of the Constitution of India.
(2.) FACTS of the case are that workman Kailash Chand Sharma was appointed as Conductor at Alwar Depot of the petitioner Corporation. His bus was checked on October 30, 1980 by the inspecting party near Alwar and it was found that there were some passengers from whom fare had been collected but tickets have not been issued. On the basis of a report submitted by the inspecting party, a domestic enquiry was initiated against the workman vide charge sheet dated November 27, 1980. After holding the domestic enquiry, the Corporation removed the workman from service by an order dated August 10, 1982. Termination of service of the workman became subject matter of reference which the State Government made to the Labour Court, Bharatpur for adjudication vide Notification dated January 23, 1989.
(3.) BEFORE the Labour Court the workman pleaded that enquiry proceedings had not been held in accordance with the provisions of the R. S. R. T. C. Workers and Work Shop Employees Standing Orders, 1965 and the principles of natural justice. He had not been given opportunity to cross examine the witnesses and the documents which were produced by the employer were not made available to the workman. He also pleaded that the important witness namely the driver of the bus had not been examined even though he had submitted an application for this purpose. The Corporation contested the claim of workman and pleaded that the workman had been rightly found guilty of carrying passengers without ticket even though he had collected fare from them.;