CHARAN SINGH Vs. R S R T C

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BRIEF facts of the case are that the petitioners are working on the post of conductors in the buses run by the RSRTC. The respondents framed a Scheme known as Green Card Scheme for which necessary orders were issued on 7/15. 12. 2001. In this scheme, it was provided that the conductors may opt for this scheme and after selection the conductors will be given Green Card permitting them to ply the bus wherein the inspectors of the respondents will not be permitted to check the vehicle unless they are specially authorized by the Managing Director. In this scheme, the conductors may suggest the name of the driver and the number of the vehicle so that the same driver and the vehicle may be provided to the conductors holding Green Card, but in any case, if said driver and vehicle is not available then the other driver and vehicle will be provided, but on this ground, the conductors will not be entitled for reduction of the target fixed. The conductors were entitled in the share of profit to the extent of 35%. Out of 35%, 75% of the amount will go to the conductors and 25% to the drivers. It was also fixed that the conductors will have to give at least 23 days scheduled duty. It is also provided in the scheme that in special circumstances after obtaining the consent of the General Manager of the depot, the Green Card of any conductor can be cancelled and in that situation, the conductor will not be entitled for the above profit.

(3.) ACCORDING to learned counsel for the respondents, after availing this benefit of the scheme, if the employee fails to achieve the target amounts willfully slowing down in the performance of work, which is misconduct as prescribed in the Standing Orders applicable to the services of the petitioners, therefore, the respondents rightly initiated proceedings to hold enquiry for the misconduct. It is also submitted that the respondents issued order dated 2. 1. 2002 stating therein that in case, the targets will not be achieved then it will be treated as a misconduct and the department will be free to initiate the proceedings against the conductors.