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1992 Supreme(Guj) 166

C.K.THAKKER
GUJARAT STATE ROAD TRANSPORT CORPORATION LIMITED – Appellant
Versus
KARSANDAS NARSI TRAMBADIA – Respondent


Advocates Appeared: G.N.DESAI, P.M.THAKKAR, S.P.SEN

THAKKER, J.

( 1 ) ). This appeal is filed by the Gujarat State Road Transport corporation ("corporation" for short), against a decree passed by the trial court and confirmed by the Appellate Court directing reinstatement of the plaintiff in service with full back wages.

( 2 ) ). To appreciate the controversy in question, few relevant facts may now be stated. The respondent is the original plaintiff and the appellant is the original defendant. The defendant is a statutory Corporation created under the Road Transport Act, 1950, and can be said to be "state" within the meaning of Art. 12 of the Constitution of India. The plaintiff was serving as a Conductor at Junagadh Depot. He was served with a charge-sheet dated 19/08/1974, inter alia, alleging therein that while he was on duty on 4/07/1974 on Manavadar-Koyiana route, his bus was checked by the checking staff of the Corporation near village Mandodara and certain irregularities were found. It was alleged that 8 passengers travelling from Manavadar to Koylana were found without tickets. Though they had paid the amount of fare, the plaintiff had not issued tickets to them. Similarly, 7 passengers travelling from Manavadar to Mandodara
























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