GSRTC Vs. OSMAN UMARBHAI

JUDGEMENT

(1.) The petitioner - Gujarat State Road Transport Corporation (for short "Corporation") has challenged in this petition the impugned judgement and award passed by the Labour Court, Rajkot in Reference (LCR) No.442 of 1988, whereby the Learned Labour Judge declared the dismissal order of the respondent workman from service as illegal and accordingly, quashed and set aside the same and the petitioner - Corporation was directed to re-include the name of the workman in the waiting list of conductors within one month from the date of the award and the service of the workman was ordered to be continued. However, the workman was held not entitled for any backwages from 29.8.1977 till date of the re-inclusion of his name in the waiting list for conductors.

(2.) The respondent workman initially joined as conductor in Jam Jodhpur Depot of the petitioner Corporation on 20.3.1985. Thereafter, he was transferred to Dhoraji depot on 1.2.1987. On 11.6.1987, he was on duty as conductor in a bus going on Dhoraji Manvad route. At that time his bus was checked at Mordi Patiya where 15 passengers were found travelling without tickets though the workman conductor had recovered the ticket fare from them.

(3.) DTS (D), Junagadh issued show cause notice dated 1.7.1987 to the workman to which he filed reply dated 13.7.1987. Thereafter, regular inquiry was held against the workman and after holding the regular inquiry, the charges were found to be proved against the workman. Therefore, his name was ordered to be deleted from the waiting list of conductors on 29.8.1987. Thereupon, industrial dispute was raised and the matter was referred to the Labour Court, Rajkot.