IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 5468 of 2009. Date of Decision : April 02, 2009. General Manager, Haryana Roadways, Delhi. ....... Petitioner. Versus. Smt. Shakuntla and others. ....... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. D.S. Nalwa, Additional Advocate General, Haryana, for the petitioner. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present writ petition, the challenge is to the award dated 04.09.2008 (Annexure-P-1), passed by the Labour Court, Rohtak, wherein the Labour Court has set aside the order of termination dated 14.07.1997, passed by the appellate authority i.e. State Transport Commissioner, Haryana, Chandigarh, holding it not in consonance with law. The Labour Court for the reason that the workman has expired, has not ordered reinstatement but has granted to the legal heirs of the workman 50 per cent back wages from the date of demand notice i.e. 15.09.1997 till the death of the deceased i.e. on 07.05.2002. Counsel for the petitioner contends that the award passed by the Labour Court, is not sustainable for the reason that the Labour Court has observed that no statement of the passengers had been recorded and further that it is a case of no evidence whereas the checking staff one of whom was Mr. Balkrishan Sharma, Inspector, had appeared as a witness before the Labour Court and had stated that the workman has mis-conducted by embezzling the amount and had further stated that used tickets were given by the workman to the passengers. C.W.P. No. 5468 of 2009.. I have heard counsel for the petitioner and have gone through the records of the case. Perusal of the award clearly show that the Labour Court has come to a conclusion that the inquiry proceedings held against the workman, were not in consonance with the principles laid down for holding an inquiry against the workman. That being the position, the management was required to justify the order of termination before the Labour Court. The evidence which has been led before the Labour Court, clearly indicates that no inspector, who was present at the time of checking of the bus inside, has made statement that used tickets were collected from the passengers nor those tickets have been produced before the Labour Court. The charge against the workman with regard to the changing of denomination of the tickets and charging according to the changed denomination, has also not been proved for the reason that those tickets where it is alleged that the denomination of the tickets were increased from Rs. 2.50/- to a higher amount, have not been produced before the Labour Court. Inspector who had been produced before the Labour Court, has specifically stated that he was outside the bus when the other two inspectors, namely, Shri Ishwar Singh and Shri Ramphal Singh checked the bus. There is thus no evidence which can be said to prove the allegations alleged to have been committed by the workman. There being no evidence to connect the workman with the alleged mis-conduct nor there being any documentary proof of such alleged mis-conduct especially in the absence of the tickets which is alleged to have been tampered with enhance the valuation of the tickets is concerned. In this view of the matter, the findings as recorded by the Labour Court, cannot be faulted with and there is no illegality in the impugned award. In view of the above, the present writ petition stands dismissed. (AUGUSTINE GEORGE MASIH) JUDGE April 02, 2009. sjks. -2-