Rsrtc & Anr vs Rajsingh & Anr on 2 February, 2009

S.B.CIVIL WRIT PETITION NO.3955/94 - RSRTC Vs. Raj Singh & Ors.   Order dt: 2/2/2009


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                  S.B.CIVIL WRIT PETITION NO.3955/94
                     (RSRTC Vs. RAJ SINGH & ORS.)

                          DATE OF ORDER : 2/2/2009

               HON'BLE DR.JUSTICE VINEET KOTHARI


Mr.Nitin Ojha, for the petitioner.
Mr.G.J.Gupta, for the respondent.


1.      This writ petition is directed against the award of the Industrial

Tribunal dated 11/10/1993, whereby, the Industrial Tribunal quashed

the termination of respondent workman and awarded reinstatement

with 50% backwages.



2.      Learned counsel for the RSRTC submitted that the petitioner

was not reinstated nor he has reported back for duty. The petitioner

was appointed as Helperon 21/6/1979 and was served with a charge

sheet containing 20 charges of gross misconduct, misbehaviour and

not maintaining the vehicles assigned to him on 16/10/1980 in which

he was found guilty. The Industrial Tribunal itself in para no.5 has

found that inquiry against the respondent workman was completed in

accordance with the principles of natural justice and he was given full

opportunity to defend himself, yet the punishment was set aside only
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on the ground that statements of departmental officers, who appeared

before the Industrial Tribunal were not recorded on oath and,

therefore, not admissible as per Evidence Act.



3.      No one appeared for respondent workman despite service and

despite the fact that earlier also this writ was dismissed in default on

2/4/2004 but was restored on the application of petitioner. Therefore,

arguments of learned counsel for RSRTC were heard ex-parte.



4.      Having heard learned counsel and having gone through the

impugned award of Industrial Tribunal, this Court is of the opinion

that looking to the nature of misconduct and in view of the fact that

inquiry was completed in accordance with the principles of natural

justice and termination was set aside on technical ground, this Court

is inclined to modify the impugned award of the Industrial Tribunal

and instead of directing reinstatement with back wages, an adhoc

compensation of Rs.10,000/- to the respondent workman is

considered appropriate.



5.      In view of the facts and circumstances of the case, this writ
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petition is partly allowed and impugned award of Industrial Tribunal

dated 11/10/1993 is modified and instead of reinstatement and 50%

back wages, respondent workman is held entitled to receive adhoc

compensation of Rs.10,000/- from the petitioner Corporation. The

said compensation may be paid by the petitioner Corporation within a

period of five months from today. No order as to costs.



                                                     (DR.VINEET KOTHARI), J.

item no.s-2
baweja/-