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Allahabad High Court · body

2006 DIGILAW 279 (ALL)

U. P. STATE ROAD TRANSPORT CORPORATION v. JAGBIR SINGH

2006-01-30

BHARATI SAPRU

body2006
JUDGMENT Hon’ble Bharati Sapru, J.—This writ petition has been filed against an award of the Labour Court dated 27.3.96 passed in adjudication Case No. 2 of 1993. The award was published on 15.7.96 but the writ petition was filed after a period of nine months. Therefore, in the very first instance, the petitioner made latches in approaching this Court against the award. The first order recorded in the case is order-dated 17.1.97 in which the Court records that “None appears. List in the next cause list.” The writ petition has come-up for admission now. 2. Learned counsel for the respondents informs that the respondent workmen has been reinstated in services with 50% of the back wages payable to him under the award. Learned counsel for the petitioner does not dispute this. The award had to be complied with because no interim order was passed in this case by which the award of the Labour Court had been stayed. 3. I have heard learned counsel for the petitioner and learned counsel for the respondents and I have also perused the record. Apart from the fact that the petitioner has committed latches in approaching this Court and has not pursued this petition for the last so many years, it is also apparent from the record that the charges made against the respondent workman were not proved against him. 4. The facts as stated and the evidence as recorded shows that on one fateful night, when the bus was travelling, a bunch of 28 travellers boarded the bus in a drunken condition and also were carrying guns and were indulging in disorderly behaviour. The respondent workmen/conductor was able to collect the ticket money only from four of the said passengers and while he was doing so, the checking squad came and found that 24 of them were without tickets. The checking squad then pursued the passengers to pay ticket money and money for all the 28 tickets was thus paid-up and no loss was made to the Corporation. 5. Even otherwise, the respondent workmen had no intent or motive to misappropriate any money of the Corporation. On the other hand, he was faced with a difficult situation with which, he was trying to cope and while he was grappling with these disorderly passengers, the checking squad came. 5. Even otherwise, the respondent workmen had no intent or motive to misappropriate any money of the Corporation. On the other hand, he was faced with a difficult situation with which, he was trying to cope and while he was grappling with these disorderly passengers, the checking squad came. The checking squad had four people in it and when they came, they were able to persuade the passengers to give the ticket money. There is a difference between a single person facing a hostile crowd in the night and four persons facing a hostile situation. It has come on record that with the help of the checking squad, the ticket money was realized from the passengers. 6. Such being the circumstances, it cannot be said that respondent workmen had any intent to cheat the Corporation. It can also not be said that the award of the Labour Court while arriving at its findings has committed any error or illegality in reinstating the respondent workmen with 50% back wages. The award of the Labour Court does not suffer from any illegality or perversity. The Corporation will ensure that all the benefits admissible to the respondent workmen under the award shall be given to him. The award is, therefore, confirmed. The writ petition is devoid of merits and is dismissed. There will be no order as to costs. Petition Dismissed. ————