LOCHAN SINGH Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) This Intra Court appeal has been preferred by the appellant (hereinafter referred to as 'the workman') being dissatisfied with the judgment dated 01.07.2010 passed by the Ld. Single Judge in W.P.(C) No.8983/2013. - Haryana Roadways Vs. Lochan Singh.

(2.) The appellant herein was employed as a conductor in the respondent - Haryana Roadways (hereinafter referred to as 'the management'). While he was working as such, he was served with a charge-sheet on the allegations that on 16.05.1987, the bus was checked by inspectors of the management at Ambala Cantt and it was found that the appellant - workman had charged Rs.25.00 only from 4 of the passengers against the prescribed fare of Rs.35.50p and issued tickets to them of Rs.18.00 only. Two other passengers were found sleeping on the roof and claimed to be there with the permission of the appellant - workman. The appellant - workman was as such charged with causing loss to the respondent - management of the fare of a total sum of Rs.75.50p and having embezzled the same. The explanation of the workman having not been found satisfactory, an Inquiry Officer was appointed. The workman participated in the inquiry. The Inquiry Officer submitted a report finding the charges to have been made out. The Disciplinary Authority of the management imposed the punishment of dismissal from service on the workman. Being aggrieved and dissatisfied of the aforesaid order of dismissal from service, the workman raised an industrial dispute which was referred for adjudication to the Labour Court by the Appropriate Government on the following terms:

(3.) The statement of claim was filed by the workman alleging therein that the enquiry was vitiated due to non-compliance of the principles of natural justice as he was not even given the opportunity to defend himself, the day to day proceedings of the enquiry were not given to him; and the copy of the enquiry report was not supplied to him as such his dismissal is illegal, unjustified and arbitrary.