NANDKUMAR SINGH Vs. STATE INDUSTRIAL COURT INDORE

JUDGEMENT

(1.) THIS case has been referred by a Division Bench of which one of us (Shivdayal C. J.) was and member, to a larger Bench with the following observations made at the time of admissions "in view of the decision of this Court in Navalkishore Narayan bhargava v. M. P. Road Transport Corporation, 1975 MPLJ 251, which, in our opinion, requires a re-consideration, we direct that this case be placed before the Chief Justice for constituting a larger Bench for hearing this petition. ''

(2.) THE facts giving rise to this petition are these: The petitioner Nandkishore singh was employed as a Conductor by the M. F. S. R. T. Corporation (which will hereinafter be referred to as "the Con-poration" ). On 15-8-74, when he was on (sic) in Stage Carriage No. 9259 plying on Raipur-Konda route, the Flying squad composed of Shri S. C. Mukerji and Shri Jimnani checked the vehicle and found 56 passengers travelling without tickets even though the Conductor had charged fare from them. Accordingly, the petitioner was charge-sheeted in due course and after Departmental Enquiry was dismissed from service on 10-1274.

(3.) AGGRIEVED by the order of his dismissal the petitioner filed an application under Section 31 (3) of the Industrial Relations Act, 1960 (which will hereinafter be referred to as 'the Act'), before the State Labour Court, Raipur, and prayed that he may be ordered to be reinstated and back wages may be awarded to him. The Corporation resisted the petitioner's application. After recording the evidence produced by the parties the Labour Court held by its order dated March 19, 1976, that the Departmental Enquiry conducted against the petitioner was illegal and hence vitiated and that the charges preferred against the petitioner wep" not proved, Therefore, it directed that the petitioner be reinstated with full back wages. A copy of the order D/- 18-3-76 has been placed on the record and marked Annexure 'a'.