DIVISIONAL MANAGER RSRTC Vs. KAMRUDDIN

JUDGEMENT

(1.) THE dispute regarding termination of services of respondent No. 1 (the concerned workman) was referred to the Labour Court, Ajmer, for adjudication by the State Government vide notification dated 31.3.1990. The Labour Court, after considering the evidence and material on record, held the punishment, imposed on the concerned workman, to be shockingly disproportionate, as such, using its discretion, as provided under Section 11A of the Industrial Disputes Act, the Labour Court reduced the punishment of dismissal into stoppage of two grade Increments with cumulative effect, vide award dated 16.7.1996. The backwages were also not allowed to the concerned workman. The award dated 16.7.1996, passed by the Labour Court, is under challenge in the present writ petition.

(2.) THE charge on the basis of which the termination was made has been that the concerned workman was found carrying two passengers without tickets with a further allegation that no fare had also been charged for 180 Kg. of luggage as well. Though in the dismissal order the past record of the petitioner was not taken note of by the disciplinary authority, however, the Labour Court has considered the past record also.