Court No. - 33
Case :- WRIT - A No. - 7287 of 2021 Petitioner :- Prabhat Kumar Maurya Respondent :- U.P. State Road Transport Corporation And 2 Others Counsel for Petitioner :- Bhawesh Pratap Singh Counsel for Respondent :- Anuj Srivastava,Vivek Saran
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 28.12.2018 whereby petitioner's contractual appointment as Conductor has been discontinued on the ground that the petitioner was carrying ticketless passengers. The order impugned has been assailed on the ground that opportunity of hearing has been denied to petitioner. It is stated that this Court in similar cases have entertained the writ petitions and granted relief to petitioners.
Factual issues raised in this petition would require determination whether the charge levelled against the petitioner that he was carrying ticketless passengers is established or not. Such issues of facts can more appropriately be examined by the Labour Court/ Industrial Tribunal, at the first instance. This Court, therefore, is not required to entertain the petitioner's grievance against the order impugned.The right of Labour Court under Section 11-A of the Industrial Disputes Act is wide enough to investigate factual issues or even to create fresh contract and in such circumstances, it would not be appropriate to bye-pass the remedy available before the industrial adjudicator. Charges against the employee in other cases, reliance upon which is placed were different.
However, in the facts of the case, it is provided that in the event petitioner approaches the competent authority for making an appropriate reference to the concerned industrial adjudicator, the claim of the petitioner would be processed expeditiously and all endeavours would be made to conclude the proceedings, without unnecessary loss of time and without granting unnecessary adjournments, keeping in view the provisions contained under Section 2-A of the Industrial Disputes Act.
Subject to the above observations, this petition stands disposed of.
Order Date :- 28.7.2021 n.u.