It has been admitted that said barrier was number belonging to Roadways and it was totally private barrier.
A barrier was installed in front of bus stand to stop the bus which was used to be opened by the witness.
A writ petition was filed questioning the companyrectness of the said Award by Respondent before the High Court which by reason of the impugned judgment was allowed, stating Statement of aforementioned sole witness has been brought on record along with supplementary affidavit.
In the statement of aforementioned witness it has been mentioned that he has received minor injury.
He was directed to be removed from services.
The barrier was number installed by Appellant Corporation or by any other statutory authority.
Respondent allegedly dashed into the barrier intentionally and caused injuries to one Bhoodev.
Even the sentence, which has been awarded, same is shockingly disproportionate to the charge which had been levelled i.e. number stopping of bus at barrier.
Evidence was led before the Labour Court.
He was placed under suspension.
A barrier was installed at Sasani Bus Stand by the public.
On 07.12.1986, he was driving a bus on Aligarh Agra route.
Injuries alleged to be received by Bhoodev Singh are attributable to his own companyduct as Bus in question companyld have passed even putting barrier down.
It has been admitted by him that while bus was proceeding from Aligarh to Sasni then he asked to get bus stopped when the Bus was near to barrier and by that time he was putting barrier down bus caused injuries to him.
A preliminary issue was raised as to whether the domestic inquiry was legal and valid.
A domestic inquiry was held.
On analysis of the evidence brought on records, the Labour Court held Shri Bhoodev Singh, S o Mulayam Singh has been produced on behalf of employers who stated that on 07.12.1986 the witness was posted as Sasani.
It was held number to be so whereupon Appellants were granted opportunity to adduce evidence to prove the charges against Respondent.
O R D E R Arising out of S.L.P. Civil No.3586 of 2005 Leave granted.
He was found to be guilty of the charges levelled against him.
Respondent was appointed as a Driver by Appellants herein.
