Court No. - 6 Case :- WRIT - C No. - 24637 of 1998 Petitioner :- U.P.State Road Transport Corporation Respondent :- State Of U.P. & Others Petitioner Counsel :- Samir Sharma Respondent Counsel :- S.C.,A.K. Srivastava Hon'ble Arun Tandon,J.
Heard learned counsel for the parties.
This writ petition has been filed by the U.P. State Road Transport Corporation
against the award of the Labour Court dated 30th August, 1997 passed in
Adjudication Case No. 52 of 1996.
On behalf of the petitioner it is contended that the Labour Court recorded a
categorical finding that the termination of the services of the workman had
been affected after holding a free and fair domestic enquiry in accordance
with the rules. The appeal and revision filed against the same were also
dismissed. Yet having regard to the misconduct found proved and that the
same was the first mistake committed by the workman, the Labour Court
found it just and proper to direct reinstatement without back-wages.
Learned counsel for the petitioner submits that the Labour Court has no
jurisdiction to direct reinstatement, once it is found by the Labour Court that
the charges have been found proved during the departmental enquiry and for
the misconduct proved punishment of termination of employment is provided
for under the Rules.
Learned counsel for the respondent-workman in reply submits that no interim
order was granted in the present writ petition, as a consequence thereto, the
workman was reinstated and he continued to function till the date of his
retirement i.e. nearly two years ago.
In view of the aforesaid developments, this Court feels that no interference
with the award of the labour court reinstating the workman is warranted under
Article 226 of the Constitution of India at this stage.
The present writ petition is accordingly disposed of.
Order Date :- 21.1.2010
Sushil/-