- (1.) PETITIONER-CORPORATION by this writ petition has challenged an order passed by the labour Court, Bikaner. The respondent-workman was employed by the petitioner-Corporation as conductor on 4/9/1982. By an order, dated 31/3/1983, he was put on probation with effect from 3/10/1982. One of the conditions mentioned in the appointment order of respondent-workman was that if he is found taking passengers without ticket his services will be terminated without notice. It is further case of the petitioners that on 16/10/1983 on a checking being conducted by officers of the Corporation 16 passengers were found travelling in the bus without ticket. An order was passed by the Divisional Manager, Bikaner, removing respondent 2 workman by order, dated 31/10/1983.
(2.) THE respondent-workman raised a labour dispute and the same was referred to the Labour Court. During the pendency of the dispute before the Labour Court an application was moved by the workman before the Labour Court on 16/9/1991, which was decided by the order impugned. It was ordered by order, dated 9/9/1992, by the Labour Court that m terms of the Standing Orders of the corporation, the workman should be paid subsistence allowance.
(3.) PETITIONERS have challenged the order of grant of subsistence allowance by alleging that the Labour Court could not have travelled beyond the reference made to it and no reference was made to it regarding grant of subsistence allowance. Another argument raised by counsel for the petitioner was that if the Labour Court comes to conclusion that the removal in question was correct then the removal of the workman will take effect from the date the order was passed by the Divisional manager, i. e. , 31/10/1983, and would relate back to this date. It is contended that, therefore, the grant of subsistence allowance will be an illegal grant to the workman.;