ASHOK KUMAR MOD Vs. JUDGE, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The petitioner has assailed the order dated 23.02.2001 passed by the learned Industrial Tribunal, Jaipur (hereinafter referred to as 'the Tribunal) on the ground that the Tribunal has wrongly approved the application under Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947') submitted by the respondent-Corporation and upheld the dismissal order passed by them dated 20.11.1993.

(2.) It is the case of the petitioner that he was holding the post of Conductor with the RSRTC when a charge-sheet was served upon him on 26.12.1990, wherein several allegations were levelled against the petitioner of having allowed as many as 31 passengers to travel without ticket in the bus after having collected the amount from them. A charge was also levelled against the petitioner that earlier also there were remarks against him of having allowed 4 passenger, 14 passengers and 7 passengers without ticket on 20.11.1985, 27.05.1988 and 22.08.1988 respectively. The incident for which a charge of allowing 31 passengers without ticket was framed, is of 07.11.1989.

(3.) The case set up by the petitioner in defence in the departmental enquiry was that though the passengers boarded the bus at one place called Jassakhera, the checking team also boarded the bus at the same place and before the petitioner could distribute tickets, his way bill and ticket book were snatched from him by the checking team and they wrongfully mentioned that checking was conducted at the subsequent place, namely Bheem. In support of his averments, the petitioner produced one witness, namely Kamal Ram Suthar before the Enquiry Officer, who stated that he was travelling in the said bus and the incident as narrated by the conductor was true. However, in the cross examination he admitted that he does not have a copy of the ticket which he has lost.