Regional Manager, U.P. State Road Transport Corporation vs State of U.P. and Others

Arun Tandon, J.—Under the reference order of the State Government dated 26.5.2000, three disputes pertaining to the workman Dulare Lal were referred for adjudication to the Labour Court, Kanpur U.P. which was registered as Adjudication Case No. 25 of 1999. The dispute has been answered in favour of the workman concerned. The Labour Court under the impugned Award has held that the enquiry initiated against the workman was defective inasmuch as the Inspecting Officer who is stated to have checked the vehicle and to have found passengers travelling without ticket was not examined during departmental enquiry. It has further been held that from the enquiry report it is clear that 13.9.1994 was fixed as the date for evidence, on which date except for the Traffic Inspector no other witness was produced and absolutely no other evidence was led to bring home the charge.

In view of the aforesaid findings recorded by the Labour Court, this Court finds no good ground to interfere with the finding that the departmental enquiry was not free and fair. No attempt was made by the employers to lead evidence before the Labour Court to bring home the charges.

In view of the aforesaid no interference under Article 226 of the Constitution of India is warranted.