DILIP SRIVASTAVA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This writ petition is directed against award dated 15.9.2005 given by Presiding Officer Labour Court IV U.P. Kanpur in Adjudication Case No. 64 of 2003. The matter which was referred to the labour Court was as to whether the action of Petitioner employer Respondent No. 2 U.R.S.R.T.C. through Regional Manager, Kanpur terminating the services of its workman Petitioner conductor through orders dated 31.1.1997, 1.12.1997 and 29.4.1999 was just and valid or not? The dispute was raised in 2002 (C.P. Case No. 643 of 2002). The allegation against the Petitioner was that on 8.6.1991 he was found carrying 20 passengers without ticket out of whom 12 were sitting at the roof of the bus which was a safety hazard. Services were terminated after holding domestic enquiry. Labour Court held that the termination was valid.

(3.) The defence of the Petitioner was that when the bus in which he was performing the duty reached the Rania Police Chauki, the police officials got the bus stopped and told him that a truck bearing No. U.P.80-9120 had caused an accident at a nearby place and had run away and there were 20 passengers in the truck hence he must take those 20 passengers; accordingly, he was forced to accommodate those 20 passengers without charging any fair from them and as there was not much space in the bus, hence 12 passengers were accommodated on the roof of the bus. The labour Court held that whatever might be the situation the Petitioner should have charged fare from those 20 passengers. Labour Court also held that in order to prove the accident, the Petitioner should have filed copy of FIR which might have been lodged against the driver of the truck or should have examined the Daroga (S.I.) who asked him to take 20 passengers. The labour Court did not specifically disbelieve the version of the Petitioner that accident had taken place and that S.I. had asked him to take 20 passengers.