MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THROUGH THE DIVISIONAL CONTROLLER, NAGPUR Vs. DIGAMBAR RAMJI ZADE

JUDGEMENT

(1.) Heard Mr. V.G. Wankhede for the petitioner and nobody is present for the respondent.

(2.) Respondent was working as a conductor of the City bus, Nagpur. On 2.7.1982, in a surprise check, the bus in which he was working as a conductor was stopped and checking of the passengers was done. It was found that there were 26 and 1 /2 passengers and half of them were not having tickets. Statements of the conductor and passengers were recorded and thereafter a charge sheet was filed wherein the respondent took part. He was given an opportunity to lead evidence and the competent authority after going through the previous record of the respondent came to the conclusion that the charges levelled against him were proved and, therefore, he was terminated from service. This order was challenged by the respondent before the Labour Court. The Labour Court upheld the order of the competent authority but the Industrial Court upset that order and ordered reinstatement of the respondent without back wages. Hence this petition.

(3.) I was taken through the record of the case including the order of the Labour Court and the Industrial Court. The approach of the Industrial Court appears to be totally perverse inasmuch as it did not take into consideration that finding of the 50% of the passengers without tickets was itself a serious matter and if at all any explanation to be offered by the conductor, the explanation should have been logically acceptable and legally proved by the conductor whose contention was that the 50% of the passengers were arrogant and they were not ready to pay the bus fare inspite of his persistent demand.