U P STATE ROAD TRANSPORT CORPORATION Vs. STATE OF U P; PRESIDING OFFICER LABOUR COURT (II) AND OM VEER SINGH S/O SHIV LAL SINGH

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, Standing counsel for respondent Nos. 1 and 2 and Sri K.P. Agarwal, learned senior counsel appearing for respondent No. 3 and perused the record.

(2.) The brief facts of the case are that respondent No. 3 workman was working on the post of driver in the petitioner UP. State Road Transport Corporation. On the fateful day of 27.8.1986 when Bus No. UHN 1298 driven by the workman was plying on Delhi-Badaun route, it met with an accident and turned turtle. Several passengers were injured and the conductor, of the bus Lakhan Singh died.

(3.) A chargesheet dated 24.10.86 was issued to respondent No. 3 in which a report dated 13.1.87 was submitted by the Enquiry Officer interalia that the bus driven by the workman-respondent No. 3 turned turtle tried to avoid the bullock carts that had come on the road; that on perusal of the Defects Register maintained by the Workshop, Khurja it was found that on 23rd, 24th, 25th and 27th August, 1986, drivers Sri Bhimsen, Sri Omvir Singh and Mohd. Rafiq had reported that the bus was bubbling and there was defects in the breaks linings and in the Kamani etc. of the bus and if the aforesaid defects could have been removed by the Workshop, the accident would not have taken place. On the basis of the report, the Appointing authority issued show cause notice dated 24.10.86 which was served upon Om Veer Singh workman who submitted his reply thereto. Pursuant to thereof the workman concerned was removed from service vide order dated 11.7.90.