Dismissed

Bhanwar Lal v. M D General Manager Rsrtc and Ors.

Rajasthan HC2 Jan 2019CW/2923/2018

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What is this about?

Dismissing a writ petition challenging an award of the Judge Labour Court, this court upheld the lower court's finding that the petitioner was appointed in 1980 but found guilty of misconduct only after 1.5 years of service. The court held there were reasonable grounds for the award and refused to interfere.

What did the court decide?

The writ petition is dismissed, upholding the award of the Judge Labour Court dated 29.9.2017.

Bhanwar Lal Vs M D General Manager Rsrtc and Ors. — Service and Employment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 2923/2018

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Bhanwar Lal Son Of Shri Dhanna Ram Raigar, Resident Of At And Post Losal, Tehsil Dataramgarh, District Sikar, At Present Conductor, Rajasthan State Road Transport Corporation, Sikar Depot, Sikar

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----Petitioner

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Versus

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The Managing Director, General Managr, Rajasthan State Road Transport Corporation, Chomu House, Jaipur

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The Karyakari Nideshka Transport, Rajasthan State Road Transport Corporation, Chomu House, Jaipur

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The Chief Manager, Rajasthan State Road Transport Corporation, Sikar Depot, Sikar

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----Respondents

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For Petitioner(s) : Mr. M.F.Baig For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Judgment / Order

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02/01/2019

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One of the arguments of the learned counsel for the petitioner is that the Judge Labour Court No.1, Jaipur has not properly appreciated the evidence which had come on record. The cross-examination of one of the witnesses namely; Manager(Administration) reveals that there was a wrong remark. Learned counsel submits that the said cross-examination part has been failed to be noticed by the Judge,Labour Court while deciding the dispute.

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I have heard learned counsel and find that there are two separate instances where the petitioner as a Conductor was found

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(2 of 2)

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[CW-2923/2018]

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to have allowed the passengers to travel without ticket and inspection team has found such passengers without ticket and has also found in one of the cases that the amount was received by the petitioner, however, the tickets were not issued. Even if the statements of the Manager(Administration) is noticed, the same is only in relation to one of the incident. Taking into consideration the facts and circumstances and that the petitioner was appointed in the year 1980 and had also only worked for one and half year when he was found to have been committed such misconduct, this court does not find any reason to interfere with the award passed by the Judge,Labour Court No.1, Jaipur dated 29.9.2017.

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The writ petition is accordingly dismissed.

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(SANJEEV PRAKASH SHARMA),J

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Anu/20

Bhanwar Lal v. M D General Manager Rsrtc and Ors.

Case brief

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Bhanwar Lal v. M D General Manager Rsrtc and Ors.

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