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2006 Supreme(SC) 734

C.K.THAKKER, MARKANDEY KATJU
U. P. S. R. T. C. – Appellant
Versus
Mitthu Singh – Respondent


JUDGMENT

C.K. Thakker, J. — Leave granted.

2. This appeal is filed against an order passed by the High Court of Judicature at Allahabad on August 12, 2004 in Civil Miscellaneous Writ Petition No. 49182 of 2000 by which the High Court dismissed the petition filed by Uttar Pradesh State Road Transport Corporation (‘Corporation’ for short) confirming the order passed by the Labour Court, U.P., Varanasi on September 21, 1999 in Adjudication Case No. 157 of 1997.

3. Few relevant facts of the case are that the sole respondent herein was working as Driver with the appellant Corporation. It was the case of the appellant that the respondent had committed misconduct at several times and was punished. It was alleged that on April 25, 1994 while the respondent was driving Bus No. U.P. 65/223 on Varanasi-Kota route, the checking squad, at about 4.00 p.m., near Dibulgang, gave signal to stop the bus for checking. The respondent, however, did not stop the bus and no checking could be made by the squad. Again, on May 15, 1994, the respondent was driving the same bus on Shakti Nagar route and at about 2.30 p.m., a signal was given near Chopan to stop the bus for checking. The respondent, however, ig























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