L. Nageswara Rao JUDGMENT
L. Nageswara Rao, J.
1. Leave granted.
This Appeal is filed by the employer against the judgment of the High Court by which the order of dismissal of the Respondent-driver from service was set aside by the High Court.
2. The Respondent was appointed as a driver with the Appellants-Road Transport Corporation in the year 1989. On 27th October, 1995 while driving a vehicle on Karnal-Haridwar route, the Respondent did not stop the vehicle when the inspection team signalled. The inspection team had to follow the vehicle which was stopped six kilometres away from where it was signalled to stop. On verification, it was found that 61 passengers were travelling without a ticket. The Respondent was placed under suspension on 31st October, 1995 and disciplinary proceedings were initiated by issuance of a charge sheet on 3rd November, 1995. The Respondent submitted his explanation after which an inquiry was conducted by the Assistant Regional Manager, Haridwar. After considering the material on record, the inquiry officer found that the charges against the Respondent were proved. The inquiry officer relied upon the admission of the Respondent that though there was a signal by the inspecting team to stop the vehicle at Bidouli, he stopped the vehicle only after driving for two kilometres. The explanation given by the Respondent that he drove the vehicle due to a call given by the conductor was not accepted by the inquiry officer. It was held that the Respondent was duty bound to stop the vehicle when a signal was given by the inspecting team. The inquiry officer further held that the Respondent colluded with the conductor and did not stop the vehicle as there were a number of ticketless passengers in the bus. The disciplinary authority issued a show cause notice on 26th December, 1996 along with which the inquiry report was supplied to the Respondent. Not satisfied with the explanation submitted by the Respondent to the show cause notice, the disciplinary authority dismissed him from service by an order dated 23rd April, 1997. The appellate authority dismissed the appeal filed by the Respondent on 25th July, 2000.
3. A reference was made to the labour court which was answered in favour of the Respondent on 15th November, 2007. The writ petition filed by the Respondent challenging the award of the labour court was allowed by the High Court and the labour court was directed to reconsider the matter. After remand, the labour court by an award dated 12th September, 2011 upheld the order of dismissal of the Respondent from service. The Respondent challenged the award of the labour court by fling a writ petition in the High Court of Uttarakhand at Nainital. The High Court while relying upon a judgment of this Court in Managing Director ECIL Hyderabad and Ors. v. B. Karunakar and Ors.
MANU/SC/0237/1994 : (1993) 4 SCC 727 allowed the writ petition and set aside the dismissal order. The High Court directed that the Respondent should be deemed to be in service........