KANTIBHAI MANILAL PRAJAPATI Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) HEARD learned advocate Mr. J. S. Brahmbhatt appearing on behalf of petitioner.

(2.) IN the present petition, petitioner has challenged the award passed by the Labour Court, Ahmedabad in Reference (LCA) No. 1456 of 2003 dated 17th January 2007. The reference is rejected by the Labour Court, Ahmedabad.

(3.) LEARNED advocate Mr. Brahmbhatt submitted that Labour Court has committed gross error, not giving proper reasons in support of his conclusion and Labour Court has relied upon the statements of passengers and conductor which obtained by checking staff without examining the passengers in question. He submitted that as per deposition of the workman, he had already issued tickets to two passengers out of five and rest of three passengers, he was just issuing tickets while bus was checked, therefore, tickets were not issued to the passengers. He submitted that conductor was on road booking, therefore, charge of misappropriation cannot be considered against the petitioner. He submitted that even in report itself, no allegation of misappropriation is made by reporter against the conductor. The finding of inquiry office is perverse because at Page 57 in the finding given by inquiry officer, where, inquiry officer has observed that if the bus was not checked by checking staff that conductor may misappropriate the amount of fare from the passengers. In all, 15 passengers were travelling in the bus when the bus was checked by the checking staff. Out of 15 passengers, three passengers were found without tickets and fare was collected by the petitioner. In response to the reply of show cause notice, request was made by the petitioner to permit him to examine the passengers as witnesses. Even, that opportunity was not given to the petitioner by the competent authority. He relied upon one decision of this Court in case of GSRTC, Ahmedabad v. Jethabhai Gandhabhai Rathod reported in 2004 (Lab. I. C.) 3099.