U P S R T C THROUGH MANAGING DIRECTOR AND OTHERS Vs. PRESIDING OFFICER LABOUR COURT FAIZABAD AND ANOTHER

JUDGEMENT

(1.) Heard Sri Dhirendra Chaturvedi, Advocate, for petitioner and learned Standing Counsel for respondents.

(2.) This is employer's writ petition filed by U.P. State Road Transport Corporation (hereinafter referred to as "UPSRTC") being aggrieved by order dated 17.01.2017 passed by Labour Court, U.P. in Adjudication Case No. 20 of 1998. Respondent-2, Workman, was a Conductor in UPSRTC and on the charge of carrying passengers without ticket, inquiry was conducted and, thereafter, major penalty of removal was imposed upon him. Workman raised an industrial dispute. In exercise of powers under Section 4-K of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as "Act, 1947"), following Reference was made for adjudication to Labour Court:

(3.) Labour Court found that neither departmental inquiry was conducted in accordance with law giving adequate opportunity of defense to employee concerned nor the punishment is justified. Consequently, it has answered the Reference by holding that termination of Workman was illegal and bad in law and relief of reinstatement has been granted vide award dated 17.01.2017 but with regard to back wages, it has awarded only 20 per cent back wages.