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2005 DIGILAW 2541 (RAJ)

Divisional Manager, R. S. R. T. C. v. Shri Kailash Chandra Sharma

2005-09-21

S.K.KESHOTE

body2005
JUDGMENT 1. - In this writ petition, filed under Article 226 and 227 of the Constitution of India, the petitioner has challenged the award, dated 29.6.1992, of the learned Labour Court, Jaipur, in case No. L.C.R. 299/87. 2. The respondent no. 1 workman raised industrial dispute in respect of dismissal of his services by the petitioners under order, dated 12.10.1981. The petitioner was dismissed from the services on being found two charges proved against him in the departmental enquiry conducted. The Labour Court found the enquiry conducted against the petitioner unfair. The petitioners were given the opportunity by the Labour Court to prove the charges against the respondent workman. The petitioners produced both oral and documentary evidence. As regards to the first charge of carrying two passengers without tickets in the bus, the respondent no. 1 workman admitted the same and thus it was found proved against him. The second charge against the respondent no. 1 workman regarding misappropriation of one ticket and the same was not proved against him. 3. For the charge of carrying two passengers without tickets found proved against the respondent no. 1 workman the learned Labour Court has awarded penalty of stoppage of two grade increments with cumulative effect and also ordered to forfeit 25% of back wages due to the petitioner. 4. The learned counsel for the petitioners led much emphasis on the point that when the charge of carrying two passengers without tickets in the bus has been proved, the respondent no. 1 workman ought to have been awarded severe penalty but the learned Labour Court has imposed nominal penalty upon him not befitting with the charge proved against the respondent no. 1 workman. I do not find any force in the contention of the learned counsel for the petitioners as under Section 11(A) of the Industrial Disputes Act, 1947 the Labour Court has power to inflict appropriate penalty for the misconduct found proved against workman. That apart the learned Labour Court while passing the award relied upon the decision of this Court in S.B. Civil Writ Petition No. 1404/1985, in that case the charge against the workman was of carrying one passenger and thirty kilogram luggage without ticket in the bus of the Corporation and therein the decision of the lower court of stoppage of two grade increments was upheld by the High Court. 5. 5. In my opinion the award passed by the learned Labour Court relying on the decision of this Court in S.B. Civil Writ Petition No. 1404/85, cannot be said to be perverse and arbitrary. 6. In the result the writ petition fails and the same is dismissed. Consequently upon the dismissal of the writ petition, the stay application, filed therewith, does not survive and the same is also dismissed.Writ petition dismissed. *******