1. The present petition filed under Article 226/227 of the Constitution of India challenges the validity of the order dated 13.7.2004 (Annexure P/l) passed by the Industrial Court/respondent No.2 in Appeals No.529/MPIR Act/91 and 5691MPIR Act/91.

2. The undisputed facts, in nutshell, are that the petitioner was appointed as Conductor in the erstwhile Madhya Pradesh State Road Transport Corporation on 9.5.1983 and was posted at Bilaspur Depot. The petitioner was served with the charge-sheet (Annexure R/7) for having committed misconduct under Section 12(1)(B)(D) of the Standing Orders by permitting 40 passengers to travel without tickets between Sargaon to Bilaspur on 12.9.1990. The charge-sheet was issued by the Depot Manager (Enquiry), Bilaspur. The enquiry was conducted by the same officer i.e. Depot Manager (Enquiry), Bilaspur.

3. Consequently, by order dated 31.7.1991 (Annexure R/12), the petitioner was dismissed from service by the same person i.e. Depot Manager (Enquiry), Bilaspur without issuing show cause notice and without supplying a copy of the enquiry report.

4. Being aggrieved, the petitioner moved an application under Section 31(3) of the Madhya Pradesh Industr