ORDER

1. This petition has been filed by the Corporation challenging the award of the Labour Court by which the Labour Court has set aside the order of dismissal, dated 29.07.2016 and directed reinstatement of the petitioner into service with continuity of service, back wages and all other consequential benefits.

2. The petitioner was charged with causing the death of the rider of a two-wheeler by his rash and negligent driving. After conducting an enquiry, the Corporation came to the conclusion that the allegation against the petitioner had been proved and it proceeded to dismiss the petitioner from service on 29.07.2016.

3. The Labour Court by the impugned order has set aside the award on the ground that the petitioner had been acquitted in the criminal case and also after noticing that the rider of the two-wheeler was riding without a licence and under the influence of alcohol. It has in fact noticed that the rider of the two-wheeler abruptly joined the main road when he was coming out from the petrol bunk and he had not noticed that the bus coming from the left side of the road.

4. The Labour Court has therefore concluded that the petitioner could not have been found guilty of negl