SANWAR MAL Vs. PRESIDING OFFICER, LABOUR COURT, ROHTAK

JUDGEMENT

(1.) This is a petition by the workman, Sanwar Mal, filed under Articles 226 and 227 of the Constitution, for quashing the termination order dated 7.4.1981 and the award of the Labour Court dated 17.11.1986.

(2.) Workman Sanwar Mal was appointed as a Conductor in the Haryana Roadways at Bhiwani. He was suspended from service in the year 1974 on the charge of embezzlement. He was a Bus-Conductor in the Haryana Roadways Bus No. HRB-4385 plying from Mathura to Bhiwani on 24.9.1974. A surprise inspection of the aforesaid bus was made by Sh. Raj Kumar Inspector. Ten passengers were found travelling without tickets. The Inspector found that the Bus-Conductor, Sanwar Mal, had collected a sum of Rs. 18/- from eight passengers as bus- fare from village Losi to Palwal and Rs. 5/- from two passengers travelling from Hodal to Sohna without tickets. The petitioner was thereafter suspended, vide order dated 10.10.1974. A departmental enquiry was conducted and an order of termination was passed on 7.4.1981. The petitioner raised an industrial dispute against the termination order, whereupon a reference was made by the State Government of Haryana to the Labour Court under the Industrial Disputes Act, 1947 (for short, the Act).

(3.) The Labour Court framed the following three issues:-