RSRTC Vs. RAMAVATAR SHARMA AND ORS.

JUDGEMENT

(1.) With consent of the parties, writ petition has been heard finally.

(2.) By this writ petition, a challenge is made to the order dated 1.4.2009, passed on an application under Sec. 33(2)(b) of the Industrial Disputes Act, 1947 (for short 'the Act of 1947').

(3.) Learned counsel for petitioner Corporation submits that in pursuance to the charge sheet dated 11.9.1991, enquiry was held. The charges were found proved for carrying 20 passengers without tickets. The order of punishment was passed on 20.1.1993 dismissing the workman from services. Since the approval of the order was required, an application under Sec. 33(2)(b) of the Act of 1947 was submitted before the Industrial Tribunal, Jaipur. The application aforesaid has been dismissed by the tribunal on two grounds. Firstly, in reference to a criminal case lodged for the incidence and final report submitted by the police therein. Secondly, the charges have not been found proved.