SIBGHAT ULLAH KHAN, J. –

Heard learned Counsel for the parties.

2. This writ petition is directed against award dated 8.5.1997 given by Presiding Officer Labour Court (IV) U.P. Kanpur in Adjudication, Case No. 387 of 1995 (Annexure-III to the writ petition). The matter which was referred to the Labour Court was as to whether punishment awarded by the petitioner-employer to its workman conductor respondent No.2, R. P. Chaurasiya through order dated 31.12.1989 was just and valid or not? The punishment awarded was to the effect that workman was reinstated but he was reverted back on the initial-pay-scale for three years without any future effect.

3. Earlier the reference had been registered as Adjudication Case No. 13 of 1990 before Industrial Tribunal-IV U.P. Agra. Thereafter it was transferred to Labour Court-IV U.P. Kanpur where it was registered as Adjudication Case No. 387 of 1995. Industrial Tribunal had decided the case ex parte on 11.11.1994 which order was later on set aside (Para-5 of the impugned award).

4. The charge against the workman conductor was that on 3.2.1987 he was found carrying 18 ticket-less passengers. In Para-7 of the impugned award, domestic inquiry