BALDEV SINGH Vs. PRESIDING OFFICER, LABOUR COURT, BATHINDA

JUDGEMENT

(1.) This petition has been moved by Baldev Singh under Articles 226/227 of the Constitution of India for quashing the impugned award dated 24.3.1987 Annexure P.1.

(2.) The brief facts giving rise to this petition are that on 6.11.1978, when the bus of the petitioner (hereinafter to be referred as 'the workman') was checked by Inspector Sant Singh, it was discovered that the workman had charged a passenger fare in the sum of Rs. 7.20 without issuing him any ticket. On 1.11.1978, when his bus was checked by Inspector Hans Raj, it was found that he had charged from three passengers fare in the sum of Rs. 3/- without issuing them any tickets. On 4.11.1978, when Mohan Lal, Inspector checked his bus and counted his cash, it was found in excess of Rs. 18/- with no entry in the way bill that he had any personal cash with him. On 15.1.1979, when Inspector Jaskaran Singh checked his bus, he found that he had charged three passengers fare at the rate of Rs. 2.25 per head against tickets, which had already been sold. On 26.12.1978, when his bus was checked by Inspectors, Pritam Singh and Gian Singh, he was found to have charged from four passengers fare at the rate of Rs. 0.80 per head in the sum of Rs. 3.20 without issuing them any tickets. He was charge-sheeted. During the inquiry, he was found guilty. He was served with a show cause notice. Ultimately, his services were terminated with effect from 30.6.1980. He raised an industrial dispute. The matter was referred to the Presiding Officer, Labour Court, Bathinda. After hearing the representatives and examining the evidence on record, the learned Presiding Officer, Labour Court passed the impugned award Feeling aggrieved therewith, the workman has preferred this petition.

(3.) In the written statement, General Manager, Punjab Roadways, Muktsar- respondent has inter-alia pleaded that the reports of checking staff cannot be disbelieved as they are responsible officers deputed for the same purpose. The petitioner did not show any prejudice alleged to be caused by the violation of Rule 8.11 of Punjab Civil Services (Punishment & Appeal) Rules, 1970 (for short, 'the Civil Service Rules'). Traversing other allegations in the petition, it has been prayed that this petition may be dismissed.