This court dismissed a writ petition challenging an Industrial Tribunal award that set aside a penalty imposed on a transport official for allowing four passengers to travel without tickets, finding the Tribunal's decision based on workman's defense facts.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5185/2020
Chief Manager, Rajasthan State Road Transport Corporation, Vaishali Nagar Depot, Jaipur.
----Petitioner
Versus
Mahamantri, Rajasthan Sarvjanik Kshetra Karamchari Sangh, 80 Bajrang Vihar, Near Gopalpura Railway Phatak, Jaipur (Employee Shri Kedar)
For Petitioner(s) : Mr. S.L.Sharma For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order
15/09/2020
The petitioner by way of this writ petition challenges the award dated 19.9.2019 passed by Industrial Tribunal, Jaipur whereby the reference made to it has been answered in favour of the workman holding the allegations and the punishment awarded to the petitioner as unjustified and illegal. Learned Judge Industrial Tribunal has set aside the punishment order dated 20.1.1996 with consequential benefits.
Learned counsel for the petitioner submits that the Judge Labour Court-cum-Industrial Tribunal has failed to take into consideration that there were four passengers traveling without ticket. Learned counsel submits that the enquiry was declared to be fair and in the circumstances there was no occasion to have set aside the punishment order.
I have considered the submissions.
(2 of 2)
[CW-5185/2020]
This court finds that it is a case set up by the concerned workman in defence that there were 88 passengers traveling in the bus and four passengers taking advantage of the rooftop of the bus, found to be without ticket. The workman had not taken any money as he did not issue ticket to passengers who were illegally sitting on the rooftop of the bus and therefore the allegation of having allowed the passengers traveling without ticket is unjustified.
Learned Labour Court has examined the matter and found that the witness of the workman had not denied to the effect that four passengers were found without ticket but looking to the fact that it is an old matter, and there were 88 passengers found to be traveling on the bus and only four were found without tickets.
Keeping in view, this court does not find any reason to interfere in the factual aspect. This court under Article 226 of Constitution of India would not substitute its findings on facts and evidence.
The writ petition is found to be devoid of merits and the same is accordingly dismissed.
All pending applications also stand disposed of.
(SANJEEV PRAKASH SHARMA),J
Anu /397
1 issue framed by the court
Whether the Industrial Tribunal's decision to set aside the petitioner's punishment order was arbitrary.
Chief Manager, Rajasthan State Road Transport Corporation
Mahamantri, Rajasthan Sarvjanik Kshetra Karamchari Sangh
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
