INDRAPAL SINGH Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This intra-court appeal is directed against order of Single Bench dated 27 th August, 2012, whereby writ petition filed by petitioner against order dated 4.6.2009 passed by Industrial Tribunal, Rajasthan, whereby, an application filed by respondent Corporation under Section 33(2)(b) of the Industrial Disputes Act to accord approval to termination order of workman/petitioner was allowed, has been dismissed.

(2.) Briefly stated, the facts of the case are that the petitioner/appellant was appointed on the post of conductor and assigned to work on Bus No. 845 of the employer Rajasthan State Road Transport Corporation (hereinafter referred to as "RSRTC"), plying on Udaipur to Som route. During inspection on 07 th May 1991, it was found that 15 passengers were travelling in the Bus without tickets, from whom fare had been collected by the petitioner. The RSRTC placed the petitioner/appellant under suspension vide order dated 08 th May 1991. The petitioner was issued a charge-sheet in this regard and after inquiry, he was found guilty of the charge, levelled against him. Consequently, the employer-RSRTC vide order dated 29 th July 1993 removed the petitioner from service.

(3.) The removal order was placed for approval before the Industrial Tribunal under Section 33(2) (b) of the Industrial Disputes Act. The employerRSRTC produced two witnesses while appellant examined himself. Learned Tribunal vide order dated 04 th June 2009, affirmed the order of removal of the petitioner.