D.B. SPECIAL APPEAL (WRIT) NO.1145/2008 Ramchandra Sharma Vs. Rajasthan State Road Transport Corporation & Ors. Date of Order :: July 24, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Saurabh Beniwal on behalf of Mr. Manoj Bhardwaj for the appellant(s). *** Heard counsel for the appellant both in limitation application and also on merit. This appeal is barred by 765 days, however, no satisfactory explanation has been given in the limitation application. However, taking a lenient view of the matter, we heard learned counsel on merit also and have perused the impugned award passed by the labour court. The labour court, on appreciation of evidence, held that the concerned workman was found guilty for the misconduct inasmuch as he has allowed ten passengers to travel in the bus without ticket and had taken money from them. It is not the case of the appellant that the charge that he was carrying ten passengers without ticket and had taken money from them, was not proved. On the contrary, we find from the order of the tribunal and also from the order of the learned Single Judge of this Court that the charge was proved beyond all reasonable doubts. -2- In view of the findings recorded by the labour court and also by the learned Single Judge of this Court and keeping in view the fact that the concerned workman was terminated in 1986, we find no scope for interference. This appeal is accordingly dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-