P R T C PATIALA Vs. DHANI RAM

JUDGEMENT

(1.) Challenge in this Letters Patent Appeal filed under Clause X of the Letters Patent is to judgment of learned single Judge dated March 7, 1990 vide which order of removal from service of the respondent-workman dated February 1, 1979, Annexure P-3, was set aside and so was award, Annexure P-6 dated February 2, 1987, rendered by the Presiding Officer Labour Court, Jalandhar, who had found no merit in reference made to him under Section 10(l)(c) of the Industrial Disputes Act, 1947, sought against termination of service of the respondent. In consequence of setting aside orders Annexures P-3 and P-6 learned single Judge ordered reinstatement of respondent with all consequential benefits, like, arrears of pay and allowances, seniority and promotion. The workman was further held entitled to interest at 12% per annum on the arrears of pay and allowances.

(2.) The facts necessitating the petitioner (here-in-after to be referred to as the 'workman') in filing Civil Writ Petition No. 7566 of 1988, giving rise to present appeal, need a necessary mention. Vide order dated February 1, 1979, Annexure P-3, Pepsu Road Transport Corporation (hereinafter to be referred to as the 'appellant') terminated services of the workman. The order that came to be passed by the disciplinary authority, reads thus:

(3.) Being aggrieved of the order aforesaid, workman sought reference under Section 10(l)(c) of the Industrial Disputes Act (hereinafter referred to as the 'said Act') and the Government, vide notification dated January 22, 1980 referred following dispute for adjudication: