CWP 10667/2010 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No.10667/2010 Shiv Dayal Sharma Vs. The Labour Court No.1, Jaipur & ors. DATE OF ORDER : 20/08/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sanjay Sharma, for petitioner. Instant petition has been filed assailing the award dt. 10/03/2010 whereby the learned Labour Court has upheld the order of penalty of removal inflicted upon the petitioner and answered the reference accordingly. The petitioner, who was serving as a Conductor, for the alleged incident of 18/01/1981, while he was on route from Kota to Neemach in vehicle NO.9340, was inspected by the flying squad of the respondent-corporation and 64 passengers were found without ticket for which a domestic enquiry was held and the charge was found to be proved and inflicted with the penalty of removal form service. It has come on record that initially the petitioner filed a Civil Suit but finally it was held by the Apex Court that the Civil Court has not jurisdiction and taking note thereof, reference was made by the appropriate Government. The learned Labour, after taking into consideration the record of inquiry, has CWP 10667/2010 [2] recorded a finding that the domestic enquiry is fair and after examining the material on record upheld the action of the respondent-Corporation in holding the petitioner guilty and has also not considered it appropriate to interfere under its power available under Section 11-A of the Act, 1947. After hearing counsel for the petitioner and also perusing the award, I do not find any manifest error being committed by the learned Tribunal under its award impugned which may call for interfere. Consequently, the writ petition fails and is accordingly dismissed. [AJAY RASTOGI], J. Raghu-/p.2/ 10667-CW-2010-final.doc