SURAT SINGH Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) This bunch of cases is a combination of nine writ petitions and 8 Regular Second Appeals 14 of these cases have been filed by the employees who are working as conductors. Civil Writ petition No. 5132 of 1986 has been filed by the Pepsu Road Transport Corporation to challenge the award given by the Labour Court in favour of the respondent-workman. Regular Second Appeal Nos. 1463 of 1975 and 2447 of 1989 have been filed by the State of Punjab to challenge the judgment and decree of the civil court. The issue is - Is the order of punishment passed against a Bus Conductor for his failure to issue tickets after having collected the fare after a regular enquiry vitiated merely because the statements of passengers had not been recorded by the Inspector or the cash with the conductor was not counted In spite of the fact that this issue had been conclusively answered initially by a Full Bench of this Court in The State of Haryana and Ors. v. Shri Ram Chander, (1976)78 P.L.R. 842 and thereafter by the Apex Court in State of Haryana and Anr. v. Rattan Singh, AIR 1977 SC 1512, there was a conflict of decisions within this Court. In State of Punjab and Anr.. v. Gurdial Singh, 1984(3) SLR 735, it was held that the direct evidence, of passengers was not necessary for finding guilt of the employee. However, in State of Punjab v. Mohan Lal, RSA No. 146 of 1973, a learned Single Judge inter alia held that -

(2.) The submission on the legal issue was made by Mr. Sarjit Singh, Senior Advocate. It was contended that unless there is some evidence of probative value, a finding of guilt cannot be recorded. There is no quarrel with this proposition. Indeed, the issue has been authoritatively settled by a Full Bench of this Court in Shri Ram Chander's case (supra). It has been held as under:-

(3.) On facts, learned counsel for the petitioner, Ms. Abha Rathor had referred to the facts in CWP No. 1271 of 1987 (Surat Singh v. Presiding Officer, Labour Court and Anr.). A few facts may be noticed.