Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Extent of interference with the quantum of punishment imposed by an employer on a delinquent employee by the Labour Court in exercise of its power under Section 11A of the Industrial Disputes Act, 1947 (for short, "the Act") is in question in this appeal which arises out of a judgment and order dated 16.11.2005 passed by a Division Bench of the Rajasthan High Court, Jaipur Bench, Jaipur.

3. The said question arises in the following factual matrix:

Respondent herein was appointed as a conductor by the appellant - corporation on or about 6.8.1982 as a daily wager for a specific period on the expiry whereof his services came to an end. He was, however, appointed as a conductor on probation for a period of two years by an offer dated 26.3.1983, inter alia, on the terms and conditions laid down therein; the relevant claim whereof reads as under:

"4. That on being caught by the inspection team and on finding corruption their services could be terminated at any time and the security amount would be seized."

Within the aforementioned period of probation, inspections were carried out in the buses in which he had been discharging his duties