KHANDERAO Vs. DIVISIONAL TRAFFIC SUPERINTENDENT

JUDGEMENT

(1.) The petitioner is aggrieved by the judgment and order dated 08/07/1994, delivered by the Industrial Court in Revision (ULP) No. 18/1989, vide which, the revision petition filed by the respondent Corporation was allowed and the judgment of the Labour Court dated 19/01/1989 allowing complaint ULP No. 132/1984 was quashed and set aside.

(2.) I have considered the submissions of the learned Advocates for the respective sides.

(3.) The petitioner joined services with the respondent in 1979 as a bus conductor. On 16/01/1984, the Flying Squad of the MSRTC caused a surprise check of the bus, in which the petitioner was performing duties as a conductor, on the Songir cross road at Dhule. Three checkers namely Shri S.R. Deshmukh, Shri M.N. Nikam and Shri Mahindrakar, apprehended the petitioner having issued three used tickets and had issued two unpunched tickets to some passengers. A charge sheet was issued on 11/04/1984. The petitioner replied on 19/04/1984 and denied the charges. After recording of oral evidence, the enquiry officer submitted his findings holding the petitioner guilty of the misconduct of misappropriation and dishonesty. He was issued with an order of dismissal dated 17/18th Aug., 1984.