DEVENDRA SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) HEARD Counsel for the petitioner and perused the record.

(2.) THE petitioner was appointed as conductor on 2.6.1972 in U.P. S.R.T.C. purely on temporary basis. On two occasions, he was found carrying passengers without ticket in the corporation bus, hence his services were terminated by order dated 13.7.1973 without any reflection of this misconduct in the termination order as his services were wholly temporary. Appeal filed by the petitioner against termination of his services was also rejected by the Regional Manager vide order dated 20.9.1974.

(3.) AS regards issue No. 4 is concerned, the Labour Court has recorded a finding that the petitioner had been found carrying passengers without ticket on two occasions on 3.7.1973 and 10.7.1973 which is a serious misconduct. The Court noted the fact that in the circumstances, enquiry was not held by the employer as the workman was a temporary employee and not a permanent one, therefore, there was no necessity for the employer to have held a domestic enquiry into the misconduct of the petitioner, hence his services were terminated after giving him one month's notice. Thus, issue No. 4 was decided by the Labour Court holding that in the aforesaid circumstances, action of the employer cannot be said to be against the provisions of law or faulted with and that merely because domestic enquiry was not held, action of the employer in terminating services of the workman was not vitiated.