MAHENDRA SAHNI SON OF LATE BANSIDHAR SAHANI Vs. THE BIHAR STATE ROAD TRANSPORT CORPORATION THROUGH ITS CHAIRMAN

JUDGEMENT

(1.) - The present writ petition under Article 226 of the Constitution of India was filed with a prayer to quash an Award dated 20.12.2005 published on 27.02.2006, whereby the order of dismissal passed on 30.11.1984 by the Management of the Bihar State Road Transport Corporation against the petitioner was confirmed. The petitioner was functioning as conductor on 30.04.1984 in a bus of Bihar State Road Transport Corporation, bearing Registration No.BHF-3513 and on the said date the bus was checked by a checking team of two officials. During checking out of 35 passengers, nine passengers were found travelling without ticket. At the time of inspection, this fact also was noticed that the petitioner had pre-realised ticket charge from six passengers, however no ticket was issued. Subsequently, on the basis of said report/ allegation, the petitioner was put under suspension on 02.05.1984 and thereafter, a domestic enquiry was initiated against the petitioner. Finally, on the basis of enquiry report, the petitioner was held guilty and, as such, the petitioner was dismissed from service on 30.11.1984. After the order of dismissal, the Bihar State Road Transport Corporation filed an application under Section 33(2) (b) of the Industrial Disputes Act, 1947 before Industrial Tribunal, Patna for approval of dismissal of the petitioner, since prior to the occurrence, in which the petitioner was held guilty, a dispute vide Reference Case no.27/82 was already pending. The Industrial Tribunal, Patna accorded the approval. Thereafter, the petitioner aggrieved with the approval granted by the Industrial Tribunal, Patna, approached this Court invoking its writ jurisdiction vide C.W.J.C. No.2106 of 1987. The said writ petition stood dismissed on 06.01.1988. Thereafter, the petitioner raised a dispute. After failure of conciliation , a reference was made by the Government of Bihar vide Notification no. 3/D1-13034/92-L and E-673 dated 04.05.1993 under Section- 10(1)(c) of the Industrial Dispute Act 1947, for adjudication:-

(2.) In reference case, written statements were filed by the petitioner as well as the Management. The petitioner raised several grounds for passing award in its favour. Besides this, he also produced certain documents, which were got exhibited. Similarly the Tribunal also examined number of documents of the Management. The learned Tribunal besides this noticed two important facts; firstly the dismissal of the petitioner after being approved by the Industrial Tribunal Patna, the petitioner had filed a writ petition before this Court, which stood dismissed and secondly, the service history of the petitioner suggests that prior to the occurrence in the present case, the petitioner was thrice put under suspension and in the proceeding, he was imposed fine. The learned Tribunal also noticed the fact that the petitioner in his written statement had accepted that at the time of checking, nine passengers were travelling who were having no valid ticket. The learned Tribunal rejected the plea of the petitioner that nine passengers were travelling without ticket forcefully and the petitioner/ workman had tried to realize the fare from them, but he failed to realize.

(3.) After noticing all the facts including aforesaid two important facts, the learned Tribunal prepared an award against the workman/petitioner. Aggrieved with the order of the Tribunal, the petitioner approached this Court by filing the present writ petition.