Ravi V. Malimath, J.

1. The case of the petitioner is that he was appointed as a Driver-cum-Conductor in June 2000 with the respondents. A case was registered against him that on 21.12.2002 when he was conducting the bus plying from Bombay to Bidar he failed to issue ticket to the passengers despite collecting the fair amount. An article of charge was issued, for which he has replied. An enquiry was ordered. The charges were held to be proved. He was dismissed from service by the order dated 21.04.2004. Hence, he filed a claim petition under Section 10(4-A) of the Industrial Disputes Act. By the impugned award, the Labour Court dismissed the claim petition. Hence, the present petition.

2. Learned counsel for the petitioner contends that the respondents are governed by the Industrial Employment (Standing Orders) Act 1946 (for short the 'Act'). That in terms of Section 13-B of the Act, the same would be applicable to the respondents, since they are an industrial establishment as defined under Section 2(e) of the Act.

3. Number of decisions are relied upon by the counsel for the petitioner. Since the issue has received a finality by the orders of this Court in a series of litigati