JUDGMENT

Dr. B. S. Chauhan, J. —

1.Both these appeals have been preferred against the impugned judgment and order of the High Court of Uttaranchal at Nainital in Writ Petition No. 4143 of 2001 by which the Writ Petition filed by the Respondent-employee of the U.P. State Road Transport Corporation (hereinafter referred to as the ‘Corporation’) has been allowed directing his re-instatement in service, but without back wages. The Corporation has filed appeal being aggrieved of the order of re- instatement and reversal of the Award of the Labour Court dated 28.4.1995, while Civil Appeal No.3088 of 2007 has been preferred by the employee Shri Suresh Chand Sharma claiming full back wages.

2.Facts and circumstances giving rise to these appeals are that the said employee while working as a Conductor on bus No.UTL-9194 on the route Haridwar-Rishikesh was found, on checking on 24.5.1987, carrying 13 passengers without ticket from whom he has already recovered the fare and on 10.5.1988 on bus No.UGA-9059 on which he was working as a Conductor, 10 passengers were found without ticket. However, the employee had already recovered the fare from them. The Corporation served charge sheets upon the emp