MANAGEMENT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the order of the learned Single Judge, who while confirming the award with respect to the reinstatement was pleased to modify the consequential relief of payment of back wages.

(2.) The second respondent was admittedly an employee of the appellant, being the Driver of the Bus. The charge against him is that the accident leading to the death of the pedestrian was due to the negligence of the second respondent in driving the Bus.

(3.) The Labour Court ordered reinstatement on the premise that there is no evidence to substantiate the charges framed. Even the Management witness no.1 has deposed in favour of the second respondent to the effect that the deceased was crossing the road and after seeing the Bus, out of shock, she died. There was no injury caused to the deceased. Therefore, the aforesaid statement of witness no.1 examined on behalf of the Management was not taken into consideration while passing the order of dismissal. Incidentally, the Labour Court further held that the area being a crowded one, it is impossible for the second respondent to drive the vehicle in a rash and negligent way. A finding has been given that the deceased was crossing the road against the Rules.