Chief Manager, Rajasthan State Road Transport Corporation And Others vs Roopdas And Others

Sabina, J

Petitioner-Rajasthan State Road Transport Corporation has filed this writ petition under Article 226 of the Constitution of India challenging the

award dated 23.05.2017 passed by the Labour Court, whereby, the reference sought by the workman was allowed.

Learned counsel for the petitioner has submitted that Labour Court has erred in setting aside the termination order passed by the petitioner against

the workman Roopdas. Petitioners had failed to establish the allegation against the workman with regard to embezzlement of the funds, but it was duly

established before the Labour Court that 15 passengers were travelling in the bus without tickets.

During the pendency of the dispute, workman had died and his legal representatives were brought on record.

Roopdas (workman) had served a demand notice challenging his termination order dated 01.01.2005 passed against him. Dispute was referred to

the Labour Court, Jodhpur for adjudication. The Labour Court after considering evidence on record held that, although, allegation had been levelled

against the workman that at the time of checking the bus it was found that 15 passengers were travelling without tickets, but, the statements of the

passengers had not been recorded. Moreover, the blank tickets were also not taken in possession and the amount of Rs. 45/- alleged to have been

taken by the workman from the passengers was not recovered.

The reasons given by the Labour Court while setting aside the termination order do not suffer from vice of the illegality and call for no interference.

Keeping in view the facts and circumstances, no ground for interference in the impugned award while exercising writ jurisdiction is made out.

Dismissed.