MANSARAM NAINWAL Vs. PRESIDING OFFICER LABOUR COURT DEHRADUN

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has prayed for issue a writ or der or direction in the nature of certiorari quashing the award dated 16-6-1995 passed by the Presiding Officer, Labour Court, Uttar Pradesh, Dehradun, whereby it has been held that the re moval from service of workman Mansa Ram Nainwal driver from 31-3-1993 by the employers was not illegal and im proper and that the workman is not entitled to any relief.

(2.) RELEVANT facts giving rise to the present writ petition are that the peti tioner was appointed as Driver in the U. P State Road Transport Corporation (for short the Corporation) on 1-11-1988 and during the relevant period, he was driver on Bus No. UGA-9338. On the fateful day, i. e. 10-10-1990 the petitioner was on duty and he took the Bus in question on Dehradun-Mussoorie road. When the bus reached near village Bhatta, another bus of Corporation, namely bus No. UGA-9479 was coming down the hill from opposite direction towards Dehradun at a high speed and bus of the petitioner was climbing the hill road towards Mussoorie. As soon as the said bus UGA-9338 reached near Magic Pan Restaurant, then in order to save the bus coming downwards, the driver lost control over the bus and it rolled down in a gorge about 500 Mt. deep with the result, as many as 12 passen gers including the conductor Arjun Singh lost their lives in the said accident and 25 passengers suffered grievous injuries. The petitioner also sustained injuries in the said accident.

(3.) IT may also be noted that a mag isterial inquiry was ordered by the Dis trict Magistrate Dehradun to be con ducted by S. D. M. Mussoorie regarding the motor accident in question, which took place on 10- 10-1990. Sub Divi sional Magistrate, Mussoorie conducted the said magisterial inquiry and submit ted his enquiry report dated 31-12-1990.