B.N.KIRPAL, J.

(1) SPECIAL leave granted.

(2) THE respondent in the present case was employed as a conductor by the appellant. On more than one occasion, he was punished having been charge-sheeted on the ground of not issuing the tickets to the passengers. In the instant case, it was found that he was carrying 23½ passengers without ticket and an inquiry was conducted and he was removed from service.

(3) ON a reference being made, the labour court invoked its jurisdiction under section 11 (A) and while upholding the finding that the respondent was guilty of misconduct, it directed the respondents reinstatement, with continuity of service but without backwages. The learned single judge of the High Court set aside the award which decision has been reversed by the division bench. Hence, this appeal.

(4) THIS Court in Karnataka State Road Transport Corporation v. B.S. Hullikatti, [JT 2001 (2) SC 72], has held that in such cases where the bus conductors carry passengers without ticket or issue tickets at a less rate than the proper rate, the said acts would inter alia amount to either being a case of dishonesty or of gross negligence and such c