SBC WRIT PETITION NO.586/1997 –RSRTC AND ANOTHER V/S GOVIND DAN AND ANOTHER: ORDER DTD. 27.1.2009 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.586/1997 Rajasthan State Road Transport Corporation and another. versus Govind Dan and another. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr. P.K.Lohra, for the petitioner. None present, for the respondents. DATE OF JUDGMENT : 27th January, 2009. JUDGMENT 1. Heard. 2. The respondent – workman Govind Dan S/O Sh. Bhanwar Dan was appointed as conductor in the petitioner – Corporation on 9.7.1985 and his services were terminated on 18.7.1986, just upon SBC WRIT PETITION NO.586/1997 –RSRTC AND ANOTHER V/S GOVIND DAN AND ANOTHER: ORDER DTD. 27.1.2009 2/3 completion of one year on the ground that the Corporation had lost faith in him as during an inspection on 11.4.1986 of duty vehicle bus No.4672 – Bikaner to Pokaran on which the respondent – workman was conductor which was checked by the inspection team, 20 out of 52 passengers were found to be without ticket and thus, the respondent – Conductor was carrying passengers in the bus without issuance of appropriate tickets for travel. 3. The learned Industrial Tribunal by the impugned award dtd.12.9.1996 has directed reinstatement of respondent – workman in service with 50% back wages. 4. The learned counsel for the petitioner – Corporation Mr. P.K. Lohra submits that the petitioner has not been reinstated in service as there was loss of confidence in the respondent – workman in view of aforesaid misconduct. 5. In view of the fact that the services of the respondent – workman were terminated on account of aforesaid loss of confidence, this Court feels inclined to award compensation instead of SBC WRIT PETITION NO.586/1997 –RSRTC AND ANOTHER V/S GOVIND DAN AND ANOTHER: ORDER DTD. 27.1.2009 3/3 reinstatement in service. This Court further takes note of the fact that this aforesaid conduct on behalf of the respondent – workman was found even within one year of his service. 6. Accordingly this writ petition is partly allowed and setting aside the impugned award of the industrial Tribunal dated 12.9.1996, it is directed that instead of reinstatement and back wages as directed by the Industrial Tribunal, the respondent - workman shall be awarded lump sum compensation to the tune of Rs.10,000/- . The said compensation may be paid by the petitioner – corporation within a period of three months from today. With these observations, this writ petition is partly allowed. No order as to costs. (Dr.VINEET KOTHARI)J. ITEM NO.7 Ss/-