MURLIDHAR SHARMA Vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION
LAWS(RAJ)-2018-9-159
HIGH COURT OF RAJASTHAN
Decided on September 10,2018

MURLIDHAR SHARMA Appellant
VERSUS
RAJASTHAN STATE ROAD TRANSPORT CORPORATION Respondents

JUDGEMENT

Sanjeev Prakash Sharma, J. - (1.) Brief facts which are required to be considered are that the petitioner was appointed as a Conductor with the respondent-Corporation on 20/03/1986. On 15/05/2002, the services of the petitioner were terminated on the basis of 14 charge-sheets pending against him and an application was moved for approval of the order of termination under Section 32(2)(b) of the Industrial Disputes Act, 1947. The Industrial Tribunal, Jaipur vide its order dated 13/12/2010 dismissed the application under Section 32(2) (b) of the Act of 1947 whereafter the matter travelled at prelitigation stage before the Rajasthan High Court Legal Services Authority and at the said pre-litigation stage, on 19/11/2011 both the parties entered into conciliation and in terms thereto, a decision was taken for reinstating the petitioner sans back wages with notional financial benefits and continuity of service. His pay was to be fixed as per the present pay-scale and his status was to remain as it was existed at the time of termination.
(2.) Accordingly, orders were passed by the respondent-corporation reinstating the petitioner on 06/01/201 The petitioner accordingly joined his duties.
(3.) The dispute has arisen on account of issuing an order dated 10/09/2014 under the signatures of the Chief Manager, Vidhyadhar Nagar Depot of the respondent-Corporation at Jaipur whereby all the charge-sheets, which were referred in the original order of termination, have been revived and an enquiry officer has been appointed in all the cases to conduct enquiry against the petitioner. The charges levelled in the said charge-sheets relate to the period from 1990 to 2001. Sixteen cases have been mentioned therein.;


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