RSRTC Vs. BHAGIRATH SHARMA

JUDGEMENT

(1.) The petitioner/Corporation, in the instant writ petition, has challenged the legality, validity and correctness of the award dated 31st July, 1997; passed by the Industrial Tribunal on an application under Section 33(2)(b) seeking approval of the order of dismissal of the respondent/workman (Bhagirath Sharma), dated 21st April, 1993. Briefly, the essential material facts necessary for appreciation of the controversy raised in the writ application are: that the respondent while discharging his duties on Bus No. 2017 on Ratlam-Udaipur route, on the inspection of the Bus, was found carrying 25 passengers without ticket from where he had already collected an amount of Rs. 316.50 (Rs. Three hundred sixteen and paisa fifty) on account of fare but did not issue the tickets. On an departmental inquiry, after a detailed discussion of the evidence and materials available on record, returned a finding of 'not guilty' in favour of the employee/workman.

(2.) The disciplinary authority disagreed with the conclusion arrived at by the Enquiry Officer in the enquiry report for the reason that the incident as stated to be of 19th of June, 1995, is not correct for the reason that in fact the inspection/checking was conducted on 20th June, 1991 and the Enquiry Officer was not correct in recording a finding of 'not guilty' only for the reason that the charge-sheet was served for an incident dated 19th of June, 1991. In fact the incident occurred on 20th June, 1995 and this fact could be verified from the 'way bills'. Moreover, the delinquent employee while submitting his reply to the charge-sheet, himself treated the incident to have occurred on 20th June, 1991. Therefore, having regard to the nature of mis-conduct and the materials available on record, the Disciplinary Authority, found the employee 'guilty' of the charge and passed an order of 'dismissal' dated 21st April, 1993, which was submitted before the Industrial Tribunal under Section 33(2)(b) of the Industrial Disputes Act, 1947 (herein after referred to as 'the Act, 1947' for short) seeking approval. The learned Industrial Tribunal, taking into consideration the facts and materials available on record, and after hearing the representatives of the parties, declined to grant approval to the order dated 21st April, 1993; terminating the services of the delinquent employee.

(3.) I have heard the learned counsel for the parties and have carefully considered the facts materials available on record and also carefully examined the impugned award dated 31st July, 1997.