RAKESH TIWARI, J. ( 1 ) HEARD counsel for the parties and perused the record. ( 2 ) THIS writ petition has been filed against the Award dated 29. 9. l995. (Annexure 1 to the writ petition) passed by the Presiding Officer, Labour Court, U. P. , Kanpur in Adjudication Case No. 126/91. By the aforesaid award, the Labour Court has held that there is no evidence on record from which it can be deduced that the workman was habitual of carrying passengers without tickets. It is further held in the award that there is also no evidence from which it can be ascertained that he has any other source of income and that if he is reinstated without payment of back wages there is possibility of his reformation and the purpose of punishment would also be served. ( 3 ) THE services of the petitioner-workman had been terminated w. e. f. 30. 12. 1989. Aggrieved by his termination he had raised an industrial dispute which was referred for adjudication to Labour court, U. P. , Kanpur where it was registered as Adjudication Case No. 126 of 1991. ( 10 ) IT is submitted by the counsel for the petitioner that the finding of the Labour Court is perverse and against the evidence on record and thus is liable to be set aside. It is stated that as per the departmental instructions if the conductor has stopped the bus for issuing tickets and completing the Way-Bill (Marg Patra) beside the road, the bus cannot be checked by by cheking authorities and that is why Sri, M. R. Khan and Sri O. P. Sharma in the statement made before the Labour Court stated that the bus was stopped after giving signal by the checking staff, as such the finding given by the Labour Court holding the petitioner guilty is perverse, the award is liable to be quashed and the workman is entitled to reinstatement with full back wages. ( 11 ) THE counsel for the respondent submits that the Labour Court has given a finding of fact that it is undisputed that the Traffic Superintendent Sri M. R. Khan had checked the bus along with two Inspectors Sri O. P. Sharma and Sri K. C. Saxena. ( 11 ) THE counsel for the respondent submits that the Labour Court has given a finding of fact that it is undisputed that the Traffic Superintendent Sri M. R. Khan had checked the bus along with two Inspectors Sri O. P. Sharma and Sri K. C. Saxena. The Labour Court has also found that it is not in dispute that at the time of checking the Way-Bill (Marg Patra) had not been filled up. It has also been found undisputedly proved that at the time of checking, the petitioner-workman was conducting the bus and had torn out a bunch of tickets but had been unable to make entry in the Way-Bill (Marg Patra ). ( 12 ) IT is apparent from the record that the workman had in his explanation stated that 31 passengers had boarded the bus from Tilhar Bus Stand and from the evidence it appears that the bus had been stopped at the distance of about 13 to 14 Km. on sighting the checking authorities. Since the passengers had boarded the bus from the bus stand the rule of pay and board should have been followed and the passengers should have been issued tickets within a reasonable distance of Tilhar bus station according to rules and not 13 - 14 Km. away from the bus station. Since the passengers had not boarded the bus en-route the principle of pay and board would be applicable. There was no occasion for the bus to be stopped except for being checked by the checking staff, hence the argument of the counsel for the petitioner that the bus was moving when stopped by the checking staff or had stopped on seeing them becomes wholly irrelevant in the facts and circumstances of the case. ( 13 ) THE Labour Court has held that the distance of 13 to 14 Km was sufficient for issuance of tickets and even if there is slight contradiction in the statements of the witnesses regarding the distance, it would not have any effect on the fact regarding checking of the bus in which it was found that 31 passengers were travelling in the bus without tickets. The finding of fact recorded by the Labour Court that the employers have proved their case and the charges against the workman before the Labour Court does not suffer from any illegality or perversity. The finding of fact recorded by the Labour Court that the employers have proved their case and the charges against the workman before the Labour Court does not suffer from any illegality or perversity. I concur with the conclusion arrived at by the Labour Court that any discrepancy in the evidence of the witnesses regarding distance where the bus was stopped would not have any effect on the fact that the petitioner was found carrying 31 passengers without tickets. ( 14 ) FOR the reasons stated above, this writ petition is dismissed. No order as to costs. . .