BHUPENDRA CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present Writ Petition is to the order of the Industrial Court, Raipur passed in Appeal Case No. 122/MPIR Act/97 dated 20/04/2005.

(2.) Vide the said order, the learned Industrial Court has set-aside the order of the Labour Court, Raipur dated 18/02/1997 passed in case No.34/MPIR Act/93 wherein the learned Labour Court had granted the petitioner the relief of reinstatement without backwages.

(3.) The facts of the case in brief is that, the petitioner was initially appointed as Conductor under the erstwhile Madhya Pradesh State Road Transport Corporation (In short erstwhile MPSRTC ) on 13/12/1985. On 05/09/1991 it " " is said that, the petitioner was sent as Conductor plying on the route Raipur to Dhamtari in Bus No. 7761. Enroute, the flying squad stopped the vehicle and inspected and on inspection it was found that, there were 80 passengers of whom 23 passengers were such who were not issued with the tickets, but from whom the charges were levied by the petitioner. It is said that the flying squad immediately had imposed fine upon the petitioner for an amount of Rs. 200.00 which the petitioner also had deposited. Lateron, it is said that, the petitioner for the same misconduct was also issued with a chargesheet on 19/11/1991 and thereafter a departmental enquiry was conducted and the respondents proceeded ex-parte against the petitioner and finally the department vide order dated 30/03/1992 imposed the punishment of termination from service.