- (1.) THE petitioner who is an ex employee of Rajasthan State Road Transport Corporation (for short 'the Corporation') and having served the Corporation in the capacity of conductor, has filed this writ petition under Article 226 of the Constitution of India challenging the award dated December 5, 1990 passed by the Judge, Labour Court, Kota in a reference case No. 32/1981 on the grounds inter-alia that he was appointed as Conductor in the service of the Corporation vide Order, dated April 16, 1974. He had been discharging his duties to the best of his abilities and he was confirmed on the said post vide Order, dated January 11, 1978.
(2.) IT has been contended by the petitioner that on July 6, 1978 a chargesheet was served upon him on the allegations that on June 30, 1978 when he was asked for Travellers Ticket Book by the Inspectors who had made surprise checking while on invigilation duty in the bus he was travelling, he refused to furnish the same and instead took up the quarrel with the invigilating staff thereby damaging the prestige and interest of the Corporation. The petitioner submitted his reply to the chargesheet denying the same in toto. An enquiry was directed by the Corporation against the petitioner vide order, dated July 9, 1978 (Annexure 2) by appointing an enquiry officer. It has been contended by the petitioner in this regard that the said enquiry was initiated against him without following any procedure established by law inasmuch as even the statements of the witnesses had not been recorded nor the petitioner workman was heard in person and nor copy of the enquiry report was furnished to the petitioner and he was directed to be removed from services of the Corporation vide order, dated September 20, 1978.
(3.) BEING aggrieved by the order of the Corporation the petitioner raised an industrial dispute against his removal from service and the said dispute was duly registered by the Tribunal and notices were issued to the respondents but in view of their adamant and mala fide attitude, the dispute could not be amicably settled and hence a failure report was submitted. It has further been contended by the petitioner that the State Government after perusal of the failure report, referred the dispute under Section 10 (1) of the Industrial Disputes Act, 1947 (for short "the Act") to the Labour Court, Kota for adjudication in accordance with law as per the terms of reference indicated below: "whether removal of workman Sampat Raj Pareek former Conductor from the services by the Divisional Manager, RSRTC, Kota is just and legal and if so to what relief the workman is entitled for"?;