STATE OF PUNJAB Vs. TARLOCHAN SINGH

JUDGEMENT

(1.) THIS writ petition is filed by the employer challenging the award of the Labour Court dated 6.3.1985, copy Annexure P/1, vide which respondent No. 1 was ordered to be reinstated in service with all benefits and continuity of service and full bad wages.

(2.) THE case of the respondent was that he was working as a Conductor in Punjab Roadways and his services were wrongly terminated. The case of the petitioner is that regular enquiry was held against the petitioner and after holding the enquiry, his services were terminated.

(3.) THE Labour Court found that it was not clear as to how the Inspector could mention in the report and the statement before the Enquiry Officer that the respondent had collected fare equal to three tickets from Manali to Chandigarh from a passenger having luggage equal to freight of two tickets and did not issue tickets to him, when admittedly that passenger was not found travelling at the time of checking. It is further observed that one could understand if the allegation had been that owner of the luggage had loaded it from Manali for being taken on that bus to Chandigarh by paying some amount as bribe to the respondent but the said allegation without the passenger being there in the bus, is too absurd to be believed. The Labour Court further observed that it was not the case of the said Inspectors that any one else travelling in the bus told them about the respondent having been paid fare equal to three tickets by some one with luggage without tickets being issued.