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Rajasthan High Court · body

2016 DIGILAW 1304 (RAJ)

Chief Manager, the Rajasthan State Road Transport Corporation, Bhilwara (Raj. ) v. Industrial Tribunal, Bhilwara (Raj. )

2016-09-07

NAVIN SINHA, PANKAJ BHANDARI

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JUDGMENT 1. The appeal is barred by delay of 137 days. 2. The appeal arises from order dated 05.02.2015 dismissing S.B. Civil Writ Petition No. 5707/2014 declining to interfere with the award dated 17.05.2012 of the Industrial Tribunal, Bhilwara answering the Reference in favour of respondent-workman and setting aside the order of punishment dated 31.05.1996 withholding three annual grade increments with cumulative effect. 3. Learned counsel for the appellant submitted that from the statement of claim by the respondent workman read with evidence of his witness Karan Singh it stands established beyond doubt that 8 passengers were found travelling in the bus without tickets at the time the inspection was conducted even if his explanation with regard to 3 other passengers is accepted. In view of the charge having thus been established, the punishment warranted no interference. 4. We have considered the submission on behalf of the appellant. 5. Undoubtedly, if passengers were found without tickets in the bus of which the respondent was the Conductor the onus lay on him to offer an explanation. Once he gave an explanation that they were transferred from another bus which had broken down and that the Conductor of the earlier bus had already taken the fare from them, the explanation ought to have been considered and either accepted or rejected. At this stage we are only concerned with the non-consideration of the explanation. 6. The respondent-workman asserted the fact specifically in paragraph 3 of his statement of claim. The denial thereof in paragraph 3 of the reply is vague and evasive. Nothing has been demonstrated before us if any cross-examination was done by the appellant with regard to defence of the respondent-workman. 7. We therefore find no reason to interfere with the order of learned Single Judge. 8. Delay is condoned. The appeal is dismissed.Appeal dismissed. *******