PRAMOD KUMAR Vs. MPSRTC

JUDGEMENT

(1.) PETITIONER by this petition has called in question the order of the Industrial Court vide Annexure P/l dated 30th September, 1998 by which the appeal filed by the respondent/Corporation has been allowed.

(2.) THE petitioner was working as a conductor in the respondent/ corporation and it was alleged against him that on 14.12.1984 and 27.9.1984 he was found 13 and 5 passengers respectively without tickets. Charge -sheet was issued. On the basis of the findings recorded against him in a departmental enquiry the order of punishment was issued. An Application u/s 31 read with section 61 and 62 of the MPIR Act was filed by the petitioner before the Labour Court No. 2. Gwalior and the Labour Court by preliminary order held that the departmental enquiry conducted against the petitioner was vitiated and gave opportunity to employer to prove misconduct on merits by adducing evidence before the Labour Court. Accordingly evidence was recorded and by order dated 17.7.1999 Labour Court held that even though fact of carrying 18 passengers without tickets is proved but as there was no dishonest intention on the part of the petitioner it directed for reinstatement without backwages.

(3.) SHRI Subhash Jain, learned counsel appearing for the petitioner contended that the Labour Court on a due appreciation of evidence on record had come to the conclusion that misconduct of carrying passengers without ticket and dishonest intention was not proved. It was also proved before the Labour Court that the passengers had boarded the bus from the place where checking was done. In these circumstances, it is submitted by him that there was no occasion for the Industrial Court to interfere in the matter. He has also read the statement of the applicant and the witness of the Corporation to demonstrate that the findings of the Labour Court was proper and no interference is called for. Shri A.K. Shrivastava, learned counsel for the respondent has filed the return and has refuted the aforesaid submission.