MADAN B. LOKUR, J.

( 1 ) THE Petitioner (DTC) is aggrieved by orders dated 25th April, 1977 and 11th July, 1979 passed by the Additional Industrial Tribunal and the Industrial Tribunal No. 1 respectively in O. P. No. 85 of 1974 being an application under Section 33 (2) (b) of the Industrial Disputes Act, 1947 (the Act ).

( 2 ) THE facts as they appear from the record are that on 4th May, 1972, two Assistant Traffic Inspectors Om Prakash and H. C. Dutta checked a DTC bus for ticketless travellers. Three ladies in a group, alighting from the bus after completing their journey from East Park Road to Fatehpuri, were found to be without tickets. On being asked, they stated that they had given a one-rupee note to the conductor (Respondent/workman herein) who returned 40 paise to them, but did not issue any ticket. On being confronted, the conductor stated that the tickets were lying on the foot-board of the bus. These ladies were immediately taken to a Special Metropolitan Magistrate/mobile Court for being challaned for ticketless travel. The learned MM passed the following order:-

"heard the accused in detail. I am convinced that the accused paid the fare to the conductor but he did not

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