MAHARASHTRA STATE ROAD Vs. VASANT B ARAJ

JUDGEMENT

(1.) Being aggrieved by the Award passed by the IVth Labour Court at Thane on 9-10-2006 in Reference(IDA)No. 110/1999, the Petitioner Corporation has approached this Court. By the said Award the reference has been allowed and the Respondent workman was directed to be reinstated with full backwages and continuity of service w.e.f. 18-4-1998.

(2.) The Petitioner is an undertaking of the Government of Maharashtra. The Respondent joined the service of the Corporation as a bus conductor sometimes in the year 1977 and was posted at the Jawahar depot. On 20-11-1992 he was on duty as a conductor on the Corporation bus starting from Jawahar and going to Shirdi. The said bus was checked at Amboli (stage no.24) by the Corporation s squad headed by Shri K.K.Jadhav and it was found that a group of 50 passengers who were getting down at Amboli were not issued the bus tickets and the Respondent was trying to hand over the bundle of tickets to the group leader when the checker had entered the bus and at that stage the tickets were snatched from his hands by the checker. There were 54 unpunched tickets and from two different groups but of the same denomination of Rs. 1 and paise 25. The Statement of all these 50 passengers was recorded and their group leader Shri Chhagan Dumada stated that he had handed over a note of Rs. 100/- to the conductor and asked for 50 tickets from Torangaon (stage no.23) to Amboli (stage no.24) but the conductor did not issue the tickets and also did not return the balance amount of Rs. 37.50 paise till the squad entered the bus. During the search it was also found that the Respondent was found with excess cash of Rs. 43.80 paise in his cash box. He refused to sign the statement recorded of the 50 passengers as well as the panchanama. The Respondent was issued a chargesheet on the same day and was placed under suspension. Departmental enquiry was conducted into the said charges.

(3.) The enquiry officer submitted his report and he was issued a show-cause notice on 21-1-1993 proposing the punishment of dismissal.