JUDGMENT :

HEMANT GUPTA, J.

Leave granted.

2. The order dated 20.1.2021 passed by the High Court of Allahabad is the subject matter of challenge in the present appeal at the instance of the employer whereby the order dated 22.10.2008 passed by the Industrial Tribunal¹[For short, the ‘Tribunal’] was not interfered with. The Tribunal directed that the respondent²[For short, the ‘workman’] be reinstated in service and ordered 50% of the salary to be paid for the period when he was not in employment.

3. The workman was removed from service as conductor on account of misconduct on 14.12.2001. He raised an industrial dispute which was referred to the Tribunal. On 5.5.2008, the Tribunal returned a preliminary finding that the domestic inquiry conducted into the charges levelled against the workman in question was not fair and proper. Therefore, the employer led evidence by examining Sheshmani Mishra, an Assistant Traffic Inspector³[For short, the ‘Inspector’] who had conducted inspection of the vehicle on 12.11.1998. The said witness supported the report submitted by him to the Assistant Regional Manager as Ex.P/10. He deposed that he checked the bus at Katra when the bus was coming from Band