ARUN TANDON
U. P. STATE ROAD TRANSPORT CORPORATION, REGIONAL MANAGER, BAREILLY – Appellant
Versus
STATE OF U. P. – Respondent
Hon’ble Arun Tandon, J.—Heard Sri Rajesh Kumar, learned counsel for the petitioner, and learned Standing Counsel for the State-respondents.
2. Petitioner before this Court is Uttar Pradesh State Road Transport Corporation (for short ‘Corporation’). It has filed this writ petition against the award of the Labour Court, U.P. dated 21st February, 2009 passed in Adjudication Case No. 232 of 1993.
3. Facts relevant for deciding the present writ petition are as follows :
Respondent No. 2 i.e. Kedar Nath-II was employed as driver in the employment of the petitioner-Corporation. While he was driving vehicle No. U.P. 25/5004, an accident took place on 17th January, 1991 at around 3.30 a.m. while the bus was on route to Delhi. Respondent No. 2 was served with a charge-sheet dated 17th February, 1992 and after domestic enquiry, it was found that the respondent No. 2 was guilty of rashly and negligently driving, which resulted in loss being caused to the Corporation, therefore, his services were terminated under order of the Competent Authority dated 30th December, 1992. Not being satisfied with the order so passed by the Competent Authority, respondent No. 2 initiated proceedings under S
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