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RUMA PAL, B.N.KIRPAL
Karnataka State Road Transport Corporation – Appellant
Versus
B. S. Hullikatti – Respondent
In disciplinary proceedings for misconduct such as short-charging of passenger fares by a bus conductor, the Labour Court evaluates evidence led by the parties to determine which specific allegations stand proved.[1000053340002][1000053340003] This assessment aligns with the preponderance of probability standard, under which certain facts (such as issuing tickets of lower denomination) are held proved while others (such as actual collection of higher fare) are not.[1000053340003] Where the proved facts render short-charging evident—particularly for an experienced employee over 22 years—the circumstances themselves establish gross negligence or dishonesty warranting dismissal, without need for stricter proof.[1000053340004][1000053340005] Labour Courts must avoid misplaced sympathy in upholding fiduciary responsibilities of conductors to collect and deposit correct fares.[1000053340005]
ORDER
Special leave granted.
2. In the instant case, the respondent was a Bus Conductor working with the appellant-Corporation. A domestic inquiry was held in which it was alleged that he had collected at a particular trip of the bus Rs. 2.25 from each of the 35 passengers but had issued tickets of the denomination of Rs. 1.75 only.
3. As a result of the domestic inquiry, the respondent was dismissed from service. Reference was made to the Labour Court which came to the conclusion that the domestic inquiry was not fair or proper. Opportunity was given to the appellant to produce evidence which it did.
4. After recording the evidence, the Labour Court by the impugned award came to the conclusion that the allegation that the Conductor had issued tickets of Rs.1.75 instead of Rs.2.25 was proved but it had not been proved that he had collected the amount of Rs. 2.25 from the passengers. The Labour Court set aside the punishment of dismissal and directed reinstatement with full back wages. On a writ petition being filed by the appellant-Corporation, the Single Judge dismissed the same after noting that the Labour Court had awarded 50 per cent of the back wages
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