Allahabad High Court
U.P.S.R.T.C. & Others vs K.K.Gupta & Others on 4 July, 2011
Bench: Sibghat Ullah Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
(Judgment reserved on 6.5.2011
(Judgment delivered on 4.7.2011)
Case :- WRIT - C No. - 24968 of 1998
Petitioner :- U.P.S.R.T.C. & Others
Respondent :- K.K.Gupta & Others
Petitioner Counsel :- R.K. Ojha,Sameer Sharma
Respondent Counsel :- S.C.,B.N. Singh
AND
Case :- WRIT - C No. - 24969 of 1998
Petitioner :- U.P.S.R.T.C. & Others
Respondent :- K.K.Gupta & Others
Petitioner Counsel :- R.K. Ojha,Sameer Sharma
Respondent Counsel :- S.C.,B.N. Singh
AND
Case :- WRIT - C No. - 9213 of 2000
Petitioner :- U.P.State Road Transport Corporation
Respondent :- K.K.Gupta & Another
Petitioner Counsel :- R.K.Ojha,Sameer Sharma
Respondent Counsel :- C.S.C.,B.N.Singh
Hon'ble Sibghat Ullah Khan,J.
Heard learned counsel for the parties.
First writ petition is directed against award dated 2.9.1997 given by Presiding Officer Labour Court (IV), U.P., Kanpur in Adjudication case no.224 of 1996. The matter which was referred to the Labour court was as to whether the action of petitioner employer awarding the punishment of re-employment without benefit of old services to workman-conductor-respondent no.1 through order dated 24.11.1994 was just and valid or not?
The second writ petition is directed against award dated 6.10.1997 given by Presiding Officer, Labour Court (IV), U.P., Kanpur in adjudication case no. 225 of 1996. The matter which was referred to the Labour court was as to whether six punishment orders the first one being of 22.10.1993 and the last one of 21.4.1993 passed against respondent no.1 were just and valid or not? The punishments awarded through the said orders were of stopping of increments or reverting the workman to initial pay scale for certain periods. Each punishment order related to the incident of carrying ticket less passengers. The punishment order which was subject matter of the award challenged through the first writ petition related to carrying five ticket less passengers. The six matters which were subject matter of award challenged through the second writ petition related to six instances of carrying ticket less passengers. On each occasion domestic inquiry was held.
In the award challenged through the first writ petition the labour court mentioned that the workman admitted that he fully participated in the domestic inquiry and he was given copy of the report of Inquiry officer as well as show cause notice and that in the inquiry he cross examined witnesses of the management. The Labour court held that the domestic inquiry was completely fair and in accordance with the principles of natural justice. Initially services of respondent no.1 were terminated on 30.9.1994 however, on departmental appeal the punishment was reduced and respondent no.1 was directed to be re-employed without any benefit of the old services through order dated 24.11.1994. The said punishment order was set aside through award challenged in the first writ petition. The Labour court also accepted the contention of the workman that there was no such punishment provided under the Regulations.
As far as second writ petition is concerned before passing each punishment order domestic inquiry was held. In some cases guilt was almost admitted by the respondent no.1 in his reply to show cause notice. At one occasion where several persons were found ticketless the explanation of respondent no.1 was that they were members of the staff however, no one could produce identity card to substantiate the plea that he was member of the staff. In respect of incidence of 22.7.1983 the respondent no.1 himself admitted that he had not issued tickets to four passengers however he asserted that he had also not received the fare from them. On 8.6.1993 respondent no.1 was found carrying 49 without ticket passengers. Chargesheet was served upon him and after receiving his reply increment was stopped for five years. On 29.3.1993 he was found carrying 20 ticket less passengers and after receiving the reply to the chargesheet increment for five years was stopped.
As far as the third writ petition is concerned it relates to orders passed under Section 33-C(2) of Industrial Disputes Act dated 28.9.1999 and 18.11.1999. These orders were passed in case no.2 of 1999 by Presiding Officer, Labour Court (IV), Kanpur. The said case was initiated for enforcement of the award challenged through the first two writ petitions.
Learned counsel for the petitioner has argued that the punishments awarded were justified and were warranted under Section 63 of U.P.S.R.T.C. Employees Service Regulations 1981. Under Section 63(5) one of the major penalties which may be imposed is reduction to a lower grade or post or to a lower stage in a time scale.
It is shocking to know that a conductor who was found carrying ticket less passengers on several times was not removed from service by the petitioner corporation.
If the argument of the learned counsel for respondent no.1 that the punishments awarded to the workman were not warranted by any of the provisions then the matter will have to be remanded for awarding the punishment of termination which is un-disputedly permissible under Regulation 63(6) and (7) of U.P.S.R.T.C Employees Service Regulations 1981.
The Supreme Court in the following authorities has held that in case conductor is found carrying ticket less passengers no other punishment except that of dismissal or removal from service shall be given to him vide N.W. Karnataka R.T.C. Vs. H.H.Pujar, AIR 2008 S.C.3060, Divisional Manager, Rajasthan S.R.T.C. v. Kamruddin, AIR 2009 SC 2528.
Accordingly, all the three writ petitions are allowed. Impugned awards and the orders passed under Section 33-C(2) of I.D. Act are set aside. Whatever amount under the impugned awards or the orders has been paid to the respondent no.1 shall forthwith be deducted from his future salary at the rate of 50% of salary per month.
In view of the above authorities of the Supreme Court Chairman, U.P.S.R.T.C is directed to issue instructions to all its disciplinary and appellate authorities to award no other punishment except of dismissal or removal in case conductor is found carrying ticket less passengers.
Order Date :- 4.7.2011
RS
