W.P.No.270/2008(S) 1 15/11/2011: None for the petitioner. Shri Amit Bansal, Advocate for respondents. The case was listed yesterday and none was appeared on behalf of petitioner on that date also i.e. on 14/11/2011. Looking to the facts of the case, the petition is being decided on merit. This petition has been filed by the petitioner against the order passed by the labour Court Annexure P/2 dated 17/8/2005 and the order of the Industrial Court, Annexure P/1 dated 26/9/2007. At the relevant time, the petitioner had been working as a Conductor. He was assigned the duty on a passenger vehicle. It was checked on 09/09/1999 and it was found that 95 passengers were travelling in the vehicle, out of which, 10 had no ticket and 28 passengers had also no ticket, however, the petitioner had received the fare from the aforesaid passengers. A domestic enquiry was conducted against the petitioner and the misconduct was found proved in the demostic enquiry, consequently, the petitioner was dismissed from service. Initially, the labour Court declared the domestic enquiry illegal and the respondents were granted opportunity to produce the evidence. After W.P.No.270/2008(S) 2 evidence, the labour Court found the misconduct proved against the petitioner. An appeal was also filed before the Industrial Court and in the appeal, the order passed by the labour Court was upheld. Both the Courts have appreciated the findings of facts and found the misconduct proved against the petitioner. The misconduct is of serious in nature. Looking to the aforesaid facts of the case, in our opinion, there is no merit in this petition. It is hereby dismissed. No order as to costs. (S.K. Gangele) (Brij Kishore Dube) Judge Judge SJ/-