RAMESH KUMAR SAHU Vs. C G INFRASTRUCTURE DEVELOPMENT CORPORATION LTD

JUDGEMENT

(1.) THE present petition filed under Article 226/227 of the Constitution of India challenges the validity of the order dated 13.7.2004 (Annexure P/l) passed by the Industrial Court/Respondent No. 2 in Appeals No. 529/MPIR Act/91 and 569/MPIR Act/91.

(2.) THE undisputed facts, in nutshell, are that the Petitioner was appointed as Conductor in the erstwhile Madhya Pradesh State Road Transport Corporation on 9.5.1983 and was posted at Bilaspur Depot. THE Petitioner was served with the charge-sheet (Annexure R/7) for having committed misconduct under Section 12(1)(B)(D) of the Standing Orders by permitting 40 passengers to travel without tickets between Sargaon to Bilaspur on 12.9.1990. THE charge-sheet was issued by the Depot Manager (Enquiry), Bilaspur. THE enquiry was conducted by the same officer i.e. Depot Manager (Enquiry), Bilaspur.

(3.) BEING aggrieved, the Petitioner moved an application under Section 31(3) of the Madhya Pradesh Industrial Relations Act, 1960 before the Labour Court. The Labour Court, after having considered all the facts, came to the conclusion that the enquiry was ex-parte and the Petitioner was not given sufficient opportunity of hearing. The Petitioner was permitted to examine one of the management witnesses and the Petitioner was further not permitted to lead his evidence in support of his case. In view of that, the Labour Court by order dated 24.9.1991 (Annexure P/2) found that the order of termination was illegal and improper and accordingly, directed the Respondent No. 1 to reinstate the Petitioner on the post of the Conductor without back wages.