CHHATTISGARH INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED Vs. VINOD KUMAR TRIPATHI S/O ONKAR NATH TRIPATHILABIC

JUDGEMENT

(1.) By this petition, petitioner/employer has challenged the legality, validity and propriety of the impugned order passed by State Industrial Court, Chhattisgarh, Raipur in Civil Appeal No. 6/C.G.I.R. Act/A-II/2006 dated 29/08/2006 and order passed in Misc. Case No. 12/C.G.I.R. Act/III/2007 dated 27/10/2007 (in review application) passed by State Industrial Court, Chhattisgarh Bench at Bilaspur, whereby in appellate order dated 29/08/2006, the State Industrial Court has set aside the order passed by Learned Labour Court, Ambikapur and in another order dated 27/10/2007, a review application filed by the petitioner/employer was dismissed.

(2.) Brief facts of the case, are that, respondent No. 1 was an employee of Madhya Pradesh State Road Transport Corporation and working as Conductor since 1985. On 25/04/2002, when respondent No. 1/employee was on his duty and going from Manendragarh to Ambikapur on Bus No. 995, at that relevant time, the Bus was intercepted by members of Flying Squad of Road Transport Department near village Kamalpur. On inspection of the Bus, Flying Squad Officers found out of 44 passengers travelling on the Bus, 10 were travelling without tickets. Panchnama was prepared and signature of some of the passengers were obtained for the proceedings initiated by Flying Squad Officers. Thereafter, departmental enquiry proceedings were initiated against respondent No. 1/employee. In departmental enquiry proceedings, respondent No. 1/employee was found guilty and order of termination was passed on 03/09/2002 vide Ex. P-1. Subsequently, official order was issued to respondent No. 1/employee on 05/09/2002 vide Ex. P-2.

(3.) Being aggrieved by the order of termination issued against respondent No. 1/employee, he filed an application under Order 31(3) of the Madhya Pradesh/Chhattisgarh Industrial Relations Act, 1960 (hereinafter referred to as 'the Act of 1960') before Learned Labour Court, Ambikapur. After receiving the application, Learned Labour Court had framed preliminary issue whether the domestic enquiry conducted by department against respondent No. 1/employee was illegal. After recording of evidence, Learned Labour Court vide its order dated 04/02/2006 came to conclusion that departmental enquiry conducted by department was illegal and thereafter, Learned Labour Court fixed the case for proving of charges of misconduct before the Court itself. The procedure adopted by Learned Labour Court was strictly in accordance with law and law laid down by Hon'ble Supreme Court in the matter of Delhi Cloth and General Mills Co. v. Ludh Budh Singh, 1972 1 SCC 595 , which reads as follows:-