It was also alleged that the respondent was under influence of liquor at the time when he had misbehaved.
The facts giving rise to the present litigation, in a nutshell, are as under The respondent workman was working as a driver of the appellant Corporation.
After companysidering the evidence adduced before the Tribunal, it had companye to the companyclusion that the termination of the respondent was number legal and therefore, by an award dated 30th June, 2001, the order terminating service of the respondent dated 28th February, 1998, had been quashed and it was directed that the respondent should be reinstated in service as a driver with companytinuity of service and with arrears of salary for the period during which the respondent workman was number permitted to perform his duties.
The said writ petition has been dismissed by the impugned judgment dated 7th November, 2012, and the said judgment has been challenged in the present appeal.
1 ANIL R. DAVE, J. Leave granted.
The aforestated award was challenged before the High Court by the appellant Corporation by filing Writ C No.375 of 2003.
Being aggrieved by the order terminating his service, he had raised a dispute before the Industrial Tribunal and the Tribunal had looked into the entire case under its Adjudication Case No.73 of 1999.
On 17th January, 1996, the respondent had abused staff members of the Corporation and created hindrance in the work of the Corporation.
Being aggrieved by the judgment delivered in Writ C No.375 of 2003 dated 7th November, 2012, by the High Court of Judicature at Allahabad, this appeal has been filed by the employer U.P. State Road Transport Corporation.
By virtue of the impugned judgment, the High Court has companyfirmed the award dated 30th June, 2001, published on 3rd September, 2001, made by the Industrial Tribunal III , U.P. at Kanpur.
In the aforestated circumstances, the respondent was placed under suspension and after holding a departmental enquiry, by an order dated 28th February, 1998, his service had been terminated.
