[2026:RJ-JP:2247]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3644/2010 Parmeshwar Dayal Sharma son of Shri Govardhan Prasad Sharma, aged about 55 years, resident of Lodiya Gate Bagayat Wala Kua, near Vijay Bhawan, Alwar.

----Petitioner Versus

1. Judge, Labour Court, Kota (Rajasthan).

----Performa Respondent

2. Managing Director, Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Jaipur.

3. Deputy General Manager, Rajasthan State Road Transport Corporation, Kota, at present Chief Manager, Rajasthan State Road Transport Corporation, Kota Depot, Kota.

4. General Manager (Traffic), Rajasthan State Road Transport Corporation, Head Office, Parivahan Marg, Jaipur.

----Respondents For Petitioner(s) : Mr. Babu Lal Gupta For Respondent(s) : Mr. M.K. Dhakad for RSRTC HON'BLE MR. JUSTICE ANAND SHARMA

Order

19/01/2026

1. Feeling aggrieved by award dated 17.08.2009 passed by the Labour Court, Kota, whereby reference with regard to legality and validity of order of termination dated 02.07.1983 has been answered against the petitioner, he has filed the instant writ petition and has also assailed the order of termination dated

02.07.1983.

2. Learned counsel for the petitioner submits that the petitioner was initially appointed as daily wager conductor vide order dated 17.05.1983. However, only after rendering services of

38 days, by levelling serious allegation of carrying nine passengers without ticket, petitioner was penalised with the penalty of removal from service without conducting any inquiry and without granting any opportunity of hearing to the petitioner. Learned counsel further submits that initial appointment order dated 17.05.1983, where second condition is that services of the petitioner were be to governed by Rajasthan State Road Transport Workers and Workshop Employees Standing Orders, 1965. Therefore, under the circumstances, where allegation of misconduct have been levelled against the petitioner, conducting departmental inquiry was must and since it was not done, the petitioner initially filed civil suit, which was withdrawn in the light of judgment of Hon'ble Supreme Court in the case of RSRTC Vs. Krishna Kant AIR 1995 SC 1715, an industrial dispute was raised under the provisions of the Industrial Disputes Act, 1947. The dispute was ultimately referred to the Labour Court, where the terms of reference were as to whether terminating services of the petitioner with effect from 03.07.1983 was valid or not?, and if not, then for what relief the petitioner was entitled to.

3. Learned counsel for the petitioner submits that before the Labour Court, statements of claim was filed by the petitioner based upon the aforesaid grounds that the order of termination dated 02.07.1983 was not a simpliciter termination but was punitive in nature and has been passed without following due procedure of law and without conducting any departmental inquiry. Such claim was opposed by the respondent- Corporation and ultimately on the basis of evidence, the Labour Court passed award dated 17.08.2009, whereby reference was answered against the petitioner.

4. Learned counsel for the petitioner submits that even bare perusal of language of order dated 02.07.1983, where allegation of carrying nine passengers without ticket has been levelled, would go to show that the basis or foundation of such order was casting stigma upon the petitioner, therefore, in view of clauses 35 and 36 of the Standing Orders of 1965, conducting departmental inquiry, against the petitioner was must. Learned counsel also drew indulgence of this Court over the statements of NAW-1 Sahid Hussain Ansari, who was the Manager (Administration) in RSRTC Kota and has stated that conducting disciplinary inquiry is within the ambit of Chief Manager and in this case no departmental inquiry has been conducted, however, petitioner has been penalised with penalty of removal on account of carrying passengers without ticket. On the basis of such