Mohammad Rafiq, J. - (1.) The petitioner Rajasthan State Road Transport Corporation, Jaipur has challenged the order dated 27.11.1991 passed by Industrial Tribunal, Jaipur directing them to reinstate the respondent-workman in their employment with continuity in service and payment of a lump sum amount of Rs.5,000/- towards the back wages.
(2.) The respondent-workman has filed the application under Section 33A of the Industrial Disputes Act, 1947 before the Industrial Tribunal on the premise that he was working with the petitioner as the Conductor and while he was on duty on Udaigarh to Banswara route, nine passengers boarded from bus stoppage Thandala and not even half kilometer passed therefrom that the checking party of the Corporation intercepted the bus and on that basis the respondent-workman was removed from service. A reference pertaining to the respondent being I.T. Case No.92/86 was already pending adjudication before the Tribunal and therefore he could not be removed by the petitioner without approval of the Tribunal as per Section 33 (2)(b).
(3.) Shri M.K. Verma, learned counsel for the petitioner has argued that the allegation against the respondent was serious one. In fact, he was found carrying 9 passengers without tickets. The learned Tribunal was therefore justified in directing the reinstatement of the respondent with continuity of service. It was argued that the Tribunal has erred in law in directing for payment of Rs.5,000/- as lump sum back wages. Even otherwise, the respondent did not complete 240 days in their service and therefore the provisions of Section 25F of the Industrial Disputes Act were not violated. The order of the Tribunal therefore be quashed and set aside and the petitioner be held entitled to reinstatement.;