JANAK RAJ Vs. HRTC

JUDGEMENT

(1.) A challenge has been made to the award passed by the Presiding Judge, H.P. Labour Court-cum-Industrial Tribunal, Shimla dated 10.3.2006.

(2.) THE State Government has made the following reference to the H.P. Labour Court, Shimla "1. Whether the termination of services of Sh. Janak Raj, Ex- conductor by (1) Regional Manager, Himachal Road Transport Corporation, Rampur Bushehar, District Sharma, Himachal Pradesh and (2) Managing Director, Himachal Road Transport Corporation, Shimla w.e.f. 18.1.1995 on the grounds of issuing short tickets to the passengers without affording the reasonable opportunity of his defence/being heard in person in consonance with the principles of natural justice, is legal and justified and whether the above penalty imposed upon the worker attracts the provisions of section 11-A of the Industrial 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. Disputes Act, 1947 being disproportionate to the alleged offence. What is the effect and to what relief of service benefits including re-instatement, back wages, seniority and amount of compensation, Sh. Janak Raj is entitled? 2. Whether the enquiry conducted by the management against the worker is vitiated, as alleged. If so, to what effect?"

(3.) THE brief facts which can be culled out from the pleadings of the parties are that a charge-sheet was served upon the workman vide memorandum dated 7.7.1990. Four charges were levelled against the workman. Consequently the inquiry was entrusted to the Inquiry Officer. The Inquiry Officer submitted his inquiry report in the year 1992 to the Regional Manager Rampur Unit. The Regional Manager Rampur Unit had issued show cause notice to the workman for his removal from service vide memorandum dated 18.10.1993. The workman had submitted his reply to the show cause notice. The penalty of removal was imposed upon the workman vide office order dated 18.1.1995. He preferred an appeal before the Divisional Manager, HRTC, Shimla against his removal. The Divisional Manager rejected the appeal on 22.4.1995. The workman had invoked the provisions of the Industrial Disputes Act, 1947 and consequently the matter was referred by the State Government to the Labour Court by way of reference No. 113 of 1999.