CHHEDI LAL Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) Petitioner while working on the post of Driver with U.P. State Road Transport Corporation at Azamgarh (hereinafter referred to as "UPSRTC") was allegedly involved for theft and misappropriation of Diesel. A charge sheet was issued against petitioner wherein the petitioner was charged for theft and misappropriation of Diesel. The reply of petitioner was found unsatisfactory and, therefore, an Inquiry Officer was appointed. A show cause notice was issued to petitioner and he submitted reply to the same. Inquiry Officer submitted his report dtd. 6/9/1994 wherein out of four charges only two (Charge No. 2 and 3) were found proved. The disciplinary authority thereafter considered the reply of petitioner, approved the inquiry report and awarded punishment for removal from service vide order dtd. 28/1/1995. Petitioner, thereafter, remained silent for about 7 years and he approached the Government for reference in 2002. The State Government vide order dtd. 17/4/2002 made following reference under Sec. 4-K of U.P. Industrial Disputes Act, 1947 for adjudication to Labour Court:

(2.) The Labour Court passed award dtd. 12/4/2017 whereby it has interfered with the findings of Inquiry Officer as well as order of disciplinary authority and found that no charge was proved against petitioner. However, considering that there was a delay of about 7 years in approaching for reference as also that petitioner has already attained age of superannuation, the following award was passed:

(3.) Petitioner being aggrieved by aforesaid award dtd. 12/4/2017 has approached this Court by filing present writ petition under Article 226 of the Constitution of India.