MAHARASHTRA STATE ROAD TRANSPORT Vs. AASRAM REYBHAN KOLHE

JUDGEMENT

(1.) The petitioner has challenged the award of the Labour Court, Nasik, dated 25.3.1997 setting aside the order of dismissal of the respondent no.1 and directing reinstatement.

(2.) Mainly, the respondent no.1 was charged with the following acts which amount to misconducts, viz., (i) he had issued used tickets to the passenger; and (ii) excess amount of Rs.105/- was found with him. The Inquiry Officer came to the conclusion that both the charges are proved. The Labour Court has held that the charge of having excess amount is not proved because there was no documentary evidence on record.

(3.) Mr.Karmalkar, the learned counsel appearing for the petitioner, submitted that the Labour Court has held that the charge of issuing a used ticket is not proved because the passenger to whom such used ticket was issued was not examined in the inquiry. According to the learned counsel, it is neither feasible nor necessary as a matter of law to examine such a passenger. The submission on behalf of the petitioner is correct. In paragraph 13, the Labour Court has held that the finding of the Inquiry Officer on the charge that the respondent no.1 issued a used ticket is liable to be set aside because the passenger was not examined. This finding of the Labour Court is contrary to the law laid down by a learned single Judge of this Court, Srikrkishna, J., as he then was, in P.K.Wani V/s. Divisional Controller, M.S.R.T.C., Dhule & Ors.,1995 1 CurLR 1052) wherein this Court held as follows:-