Court No. - 43
Case :- WRIT - A No. - 6563 of 2019 Petitioner :- Mangelal Respondent :- Chairman, Uttar Pradesh State Road Transport Corporation Lucknow And 3 Others Counsel for Petitioner :- Anita Singh Counsel for Respondent :- Adarsh Bhushan
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has been dismissed from the post of Conductor on the charge that he was carrying ticket-less passengers. The order of punishment has been affirmed in appeal and also in revision. These orders have been assailed on various factual grounds. It is sought to be urged on behalf of petitioner that there was no material against him on the basis of which he could be dismissed from service.
Submissions advanced on behalf of the petitioner are opposed by the counsel appearing for the respondents.
Having examined the respective contentions advanced, this Court is of the considered view that as various issues of fact are sought to be raised in this matter, it would be appropriate that the petitioner be permitted to avail the remedy available before the Labour Court/ Industrial Tribunal in terms of the applicable provisions of the U.P. Industrial Disputes Act, 1947, as questions of facts can be better appreciated, at the first instance, before it.
It is, therefore, provided that in case petitioner avails of such remedy, the authorities under the Act as also the Presiding Officer concerned shall make all endeavours to conclude the proceedings, expeditiously.
With the aforesaid observations, this writ petition stands disposed of.
Order Date :- 26.4.2019 n.u.