RAJASTHAN STATE ROAD TRANSPORT CORPORATION Vs. MAHIPAL SINGH
LAWS(RAJ)-2018-3-77
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on March 20,2018

RAJASTHAN STATE ROAD TRANSPORT CORPORATION Appellant
VERSUS
MAHIPAL SINGH Respondents

JUDGEMENT

- (1.) The present second appeal under Section 100 of the Code of Civil Procedure has been filed by the appellant - Rajasthan State Road Transport Corporation (hereinafter referred to as "the Corporation") oppugning the judgment and decree dated 12.12.1994, passed by learned Additional Civil Judge (Sr. Div.) No.3, Udaipur (hereinafter referred to as "Appellate Court"), whereby he had affirmed the judgment and decree dated 07.12.1989 passed by learned Munsif and Judicial Magistrate, First Class, Udaipur City (South), Udaipur (hereinafter referred to as "Trial Court").
(2.) The present second appeal had been admitted by this Court on 04.10.1996 for the adjudication of following substantial questions of law:- "(1). Whether the suit was not entertainable by the Civil Court as the matter related to industrial dispute as defined in Section 2(K) of the I.D.Act? (2) Whether the courts below have committed error in deciding Issue No.1 in favour of plaintiff - respondent on the ground of non-supply of copies of documents, copy of enquiry report etc."
(3.) Shorn of unwarranted details, the facts, in nutshell, apropos for the present appeal and within the precincts of above referred questions formulated by this Court, are that the respondent - plaintiff, appointed as a permanent Conductor with the Corporation w.e.f. 14.12.1979 was found indulged in permitting 11 passengers to travel without tickets on 16.06.1980. A domestic enquiry was held against the respondent and he was served with separate charge-sheets for the misconduct above referred.;


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