RAKESH TIWARI
VINOD KUMAR-II KAILASHI RAM – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT, REGIONAL MANAGER, UTTAR PRADESH STATE ROAD TRANSPORT – Respondent
( 1 ) HEARD counsel for the parties and perused the record.
( 2 ) THE petitioner was appointed as Driver in U. P. State Road Transport Corporation, Agra region. , Agra in February 1988. A charge sheet dated 4. 10. 1991 was issued to him by the regional Manager, U. P. S. R. T. C, Agra.
(i) For causing a loss of Rs. 50,000/- to the corporation in accident due to his negligent driving, while he was driving Bus No. UAV 9803. AND (ii) Inspite of the fact that tyre pressure in Bus no. U. P. 80/9361 was very low; he drove the bus causing damage to tyres, which burst resulting in injury to the cleaner.
( 3 ) THE petitioner was placed under suspension by order dated 15. 7. 1991 passed by Assistant regional Manager, the order of suspension was revoked during the enquiry proceedings vide order dated 2. /8. /1991. After enquiry the petitioner was dismissed from service by order dated 31. 8. 1992.
( 4 ) AGGRIEVED by dismissal from services the petitioner raised an Industrial Dispute under Section 4-K of the U. P. Industrial Dispute Act 1947. On the basis of pleadings of the parties an additional issue was framed by the Labour Court regarding the fairness of. the Domestic enqui
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