1 S.B. CIVIL WRIT PETITION NO.2423/2003. (MANGILAL RAO VS. THE LABOUR COURT & ANR.) DATE OF ORDER : 13.02.2007. HON'BLE MR. GOVIND MATHUR, J. Mr. Vijay Bishnoi for the petitioner/s. Ms. Aditi Lodha for Mr. Sangeet Lodha for respondent/s. By this petition for writ, a challenge is given to the order dated 28.12.2002 passed by the Industrial Tribunal, Jaipur in industrial dispute case no.284/96. In brief facts of the case are that a charge sheet under Clause 34 of the Rajasthan State Road Transport Corporation Employees Standing Order was served upon the petitioner alleging charges of mis-conduct, and that resulted into an order of punishment dated 30.11.1996, imposing a penalty of dismissal from service with forfeiture of wages for the period of suspension except the subsistence allowances already paid. At the time of passing the order dated 30.11.1996 by the disciplinary authority, an industrial dispute was already pending between the petitioner and the employer before the Industrial Tribunal, Jaipur, therefore, the order of disciplinary authority was placed before the Industrial Tribunal for getting approval as prescribed under Section 33(b)(2) of the Industrial 2 Disputes Act, 1947. The Industrial Tribunal by the order dated 28.12.2002 after hearing the parties, reached at the conclusion that the enquiry was conducted in accordance with the procedure prescribed in the Standing Orders and as such was fair and the allegations levelled against the workman also stood proved on basis of the evidence available on record. The Industrial Tribunal considered the entire evidence in detail and also gave its own finding with regard to charges of mis-conduct. While giving challenge to the order dated 28.12.2002 passed by the Industrial Tribunal, it is contended by counsel for the petitioner that the Tribunal erred while affirming the order of disciplinary authority without considering the fact that the main allegation i.e. of carrying 28 ticket less travelers was not found proved by the disciplinary authority himself. I have perused the order of the disciplinary authority and also examined the order passed by the Industrial Tribunal. From perusal of the order of the disciplinary authority, it is apparent that the issue with regard to carrying ticket less travelers is only a part of allegation no.2. It also mentions about assaults made by the petitioner, his brother and certain other passengers traveling with the petitioner. The 3 findings given by the disciplinary authority are based on sound appreciation of evidence and same has been rightly appreciated by the Industrial Tribunal too. In such circumstances, I do not find any error in the orders impugned that may warrant interference by this Court under Article 226 of the Constitution of India. The writ petition is accordingly dismissed. (GOVIND MATHUR)J. Anil/