JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

2. By this petition, petitioner challenges judgment and order dated 06.10.2022 passed by the Industrial Court, Latur dismissing Revision (ULP) No. 21 of 2022 and confirming judgment and order dated 13.11.2021 passed by the Labour Court pronouncing order on preliminary issue in Complaint (ULP) No. 08 of 2013. In short, Award-I of the Labour Court answering the preliminary issues (i) Whether departmental enquiry conducted is fair, proper, legal and in accordance with the principles of natural justice and (ii) whether findings of the Enquiry Officer are perverse, are answered against the petitioner employee, by the Labour Court, whose order is upheld by the Industrial Court.

3. Shorn of unnecessary details, the facts of the present case are that the petitioner was appointed on the post of conductor in the respondent/corporation. Disciplinary proceedings have been initiated against him by issuance of memorandum of charge sheet dated 17.05.2012. It is alleged in the charge that while discharging his duties as conductor on 07th May, 2012 on Udgir to Nilanga route at Valandi, his bus was checked by raiding team and upon examination of tickets of passengers in the bus, it was found that two groups of passengers had paid an amount of Rs. 29/- each (Rs. 58/- in total) towards purchase of tickets and instead of issuing them the printed tickets generated through the Electronic Ticketing Machine (ETM), he issued them blank papers generated out of ETM paper roll mentioning advance booking ticket No. 11208 thereon. It was therefore alleged that the petitioner has misappropriated amount of Rs. 58/-.

4. Domestic enquiry was conducted into the charges, in which petitioner participated. Enquiry Officer submitted report holding that the charges leveled against him are proved. Therefore, a show cause notice dated 14.01.2013 was issued proposing to impose penalty of dismissal from service. He challenged the show cause notice before the Labour Court by filing Complaint (ULP) No. 08 of 2013 and filed an interim application for stay. By order dated 14.03.2013, the Labour Court restrained the respondent-corporation from issuing final penalty order in pursuance of the show cause notice, on account of which Petitioner continues to be in service.

5. The Labour Court thereafter proceeded to hear Complaint ULP No. 08 of 2013 on two preliminary issues i. e. (i) Issue No. 2: whether enquiry was conducted in a fair, proper and legal manner and in accordance with the principles of natural justice and (ii) Issue No. 3: whether the findings recorded by the Enquiry Officer are perverse. By judgment and order dated 13th November, 2021, the Labour Court was pleased to answer both the issues against petitioner holding that enquiry was held in fair and proper manner by following principles of natural justice. It was also held that findings of the Enquiry Officer are not perverse. Aggrieved by the judgment and order dated 13.11.2021, petitioner filed Revision (ULP) No. 21 of 2022 before the Industrial Court, Labur, which is pleased to dismiss the same by judgment and order dated 06.10.2022. Present petition challenges orders of the Industrial Court dated 06th October, 2022 and the judgment of the Labour Court dated 13th November, 2021.

6. I have heard learned counsels for petitioner and respondent-corporation and have perused the records of the case.

7. So far as first issue as to whether the enquiry is held in a fair and proper manner and whether principles of natural justice are followed or not, I am in agreement with the findings recorded by the Labour Court and the Industrial Court. Petitioner was served with the charge sheet asking him to explain exact charges level against him. He was given full and proper opportunity to defend himself. He has cross examined the witness produced by the respondent-corporation. Copy of the report of the enquiry officer was served o