HARYANA ROADWAYS DELHI Vs. THANA RAM

JUDGEMENT

(1.) THE petitioner is aggrieved by the Award of the Labour Court whereby the penalty of dismissal from service imposed on the respondent-workman by him was set aside after coming to the conclusion that no fair and proper enquiry was conducted in respect of the misconduct for which he was charge-sheeted and despite opportunity having been given no evidence was adduced before the Court itself to establish the alleged misconduct and his re-instatement in service with full back wages was ordered.

(2.) THE main argument advanced by the learned counsel for the petitioner is that despite the Labour Court having come to the conclusion that the petitioner had failed to establish the alleged misconduct of the respondent-workman and so he was entitled to be reinstated in service but the relief of full back wages could still not have been granted automatically without considering various factors and the judicial precedents of the Apex Court wherein it has been held consistently that the mere fact that the termination of services of some industrial workman is found to be illegal by the industrial adjudicator he does not automatically become entitled to be reinstated in service with full back wages. In support of this submission the learned counsel relied upon one judgment of the Supreme Court in the case of " General Manager, Haryana Roadways vs Rudhan Singh", (2005) Supreme Court Cases 591.