MRS. V. K. TAHILRAMANI, J.

Heard Shri Dhore, learned counsel for the appellant and Shri Mehadia, learned counsel for the respondent. Admit. By consent the appeal is heard finally forthwith.

2. This Letters Patent Appeal is directed against the judgment and order dated 03.08.2010 passed by the learned Single Judge whereby the order of the Industrial Court dated 05.09.2005 came to be upheld. By order dated 05.09.2005, the Industrial Court, Chandrapur, set aside the judgment dated 28.10.2003 passed by the Labour Court in Complaint ULP No. 136 of 1998, granting reinstatement with continuity but without back wages.

3. The brief facts of this case are as under:

The appellant was working as a Bus Conductor with Maharashtra State Road Transport Corporation. On 21.07.1994, the appellant was on duty as a Bus Conductor on the bus plying from Aheri to Sironcha. The Bus came to checked by the checking squad at Rangaiyapalli and it was found that 21 passengers were travelling in the bus without ticket. An enquiry from the passengers revealed that the Conductor has received the fare amount from these 21 passengers but had not issued tickets to them. Hence, the appellant was served with