Markandey Katju, CJ.

These writ appeals have been filed against the impugned judgment of the learned single Judge dated 19.04.2002.

2. We have heard learned counsel for the parties and have perused the impugned judgment and also the record including the award of the Labour Court.

3. The respondent was a driver in a bus of the appellant. When he was driving the bus there was an accident on 28.11.1985 and in that accident eight passengers including the van driver were killed and five were injured. A domestic enquiry was held in which the workman was given an opportunity of hearing and thereafter he was found guilty. He was given a second show cause notice and thereafter he was dismissed on 13.09.1988.

4. He raised an industrial dispute and the matter was referred to the Labour Court, which passed its award on 1.7.1994.

5. The Labour Court in the relevant portion of its award stated:-

“Today an endorsement was made on behalf of the petitioner to the effect that the petitioner is not assailing the enquiry. From a perusal of the enquiry proceedings coupled with the endorsement made on behalf of the petitioner, it is clear that the accident took place on account of his negligen