HARYANA ROADWAYS DELHI Vs. KIRPAL SINGH

JUDGEMENT

(1.) The present petition is filed challenging the order dated August 23, 2010 of the Labour Court deciding the preliminary issue holding that the inquiry proceedings held against the respondent were not fair and proper and award dated December 24, 2010 passed by the Labour Court IX, Karkardooma, Delhi, whereby the Labour Court held the termination as illegal with a direction for reinstatement and full back wages to be paid @ last drawn wages or as per the provisions of Minimum Wages Act, 1948, prevalent from time to time within one month, failing which the back wages shall incur interest @ 9% per annum.

(2.) The respondent who was Chowkidar was charge-sheeted for unauthorized absence vide charge-sheet dated December 24, 1987. Disciplinary proceedings were held and pursuant thereto the disciplinary authority passed an order of removal of petitioner from service on July 18, 1989.

(3.) The respondent raised a industrial dispute for the first time in the year 2005, which was subsequently referred for adjudication of the Labour Court vide reference dated August 08, 2007, which is reproduced as under: