UMESH CHAND SHARMA Vs. UPSRTC ., BULANDSHHAR

JUDGEMENT

(1.) THIS petition arises out of an award of the Labour Court against the petitioner rejecting his claim against the reference of termination of his services on the charge that he had allowed ticket -less passengers to travel on the bus on which he was on duty on the date of the incident i.e. 17.9.1987.

(2.) SRI Y.K. Sinha, learned counsel for the petitioner has raised the following four submissions: -

(3.) THE contention is that, if a misconduct is not defined, then in view of the decision in the case of Glaxo Laboratories (I) Ltd. Vs. and A.L. Kalra Vs. Project Presiding Officer, AIR 1984 Supreme Court 505 the petitioner could not & Equipment Corporation, AIR 1984 SC 1361, have been punished. To distinguish the proceedings in a service matter, and the case arising out of an award of Industrial Tribunal, learned Counsel relies on the case of U.P. Power Corporation Ltd. & and the another Vs. Bijli Majdoor Sangh and others, 2007 (5) JT SC 611 Maharastra State Road Transport Corporation reported 2009 (12) SCALE Pg. 25.