STATE OF PUNJAB Vs. JAGAN SINGH

JUDGEMENT

(1.) BOTH these writ petitions bearing Nos. 5331 of 1983 and 1227 of 1984 arise out of the same award and are heard together and hence are being disposed of by this common judgment. For the sake of convenience, I shall refer to the parties and documents as contained in C.W.P. No. 1227 of 1984.

(2.) THE petitioner (hereinafter referred to as the "workman") was working as a Conductor in the Punjab Roadways. It was alleged that while on duty as such on 5.3.1980, his bus was checked by the Roadways Inspector and it was found that 13 passengers were travelling without tickets, though the workman had charged fare from them and, therefore, he has defrauded the employer to the tune of Rs. 27.30. Enquiry was held against the workman and his services were terminated. He took recourse to the provisions of the Industrial Disputes Act (hereinafter referred to as the "Act") and the Labour Court substituted the punishment of dismissal from service to that of loss of 70 per cent backwages. He was ordered to be reinstated. Aggrieved by this award, the State has filed C.W.P. No. 5331 of 1983 and the workman has filed C.W.P. No. 1227 of 1984.

(3.) SO far as the charge against the workman is concerned, it has been held to have been proved even by the Labour Court. Counsel for the workman, though argued strenuously, could not show as to how the charge could not be upheld. The Labour Court has also hold that full opportunity was given to the workman during enquiry. The finding of the Labour Court is not shown to be erroneous. Therefore, the order of the Labour Court upholding the finding that the charge is proved cannot be disturbed.