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2009 Supreme(SC) 1375

DEEPAK VERMA, S.B.SINHA
U. P. State Road Transport Corporation – Appellant
Versus
Nanhe Lal Kushwaha – Respondent


Advocates appeared:
For the Appellant :Daleep Kr. Dhyani, Pradeep Misra, Advocate.
For the Respondent:S.R. Singh, Nishant Yadav, Mrs. Sunita Pandit, D.N. dubey, Himanshu Tyagi, Ujjawal Pandey, Yash Pal Dhingra, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Appellant is constituted under the Road Transport Corporation Act. It employed the respondent herein as a conductor. Indisputably, he had been charged for carrying passengers without tickets on or about 06.04.1984, 10.7.1984, 14.7.1985, 6.3.1986, 23.2.1987 and 4.3.1987. A disciplinary proceeding was initiated against him on or about 6.9.1987. In the said departmental proceedings he was found guilty of the charges levelled against him. He was removed from service by the appointing authority by an order dated 18.12.1991.

3. He raised an industrial dispute. The State of U.P. referred the dispute to Labour Court-II, Kanpur for its decision on the following question:

“Whether termination of services by the employers of their workman Nanhe Lal Kushwaha, S/o Heera Lal Kushwaha, Conductor vide order dated 18.12.1991 is legal and/or valid? If not, then to what relief/compensation the concerned workman is entitled to get? And with what other details?”

4. By reason of its award dated 29.2.2000 the Labour Court directed reinstatement of the respondent with 75% back-wages, stating:

“I have duly perused all the documents available on record and consi


























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