SURJIT SINGH Vs. P O INDUSTRIAL TRIBUNAL PUNJAB

JUDGEMENT

(1.) This writ petition has been filed by a workman challenging the award of the Labour Court dated September 3, 1997 (copy Annexure P-4) vide which the relief was not granted to the petitioner because it was held to be claimed after inordinate and unexplained delay.

(2.) The petitioner is a conductor in Punjab Roadways 5 annual grade increments were withheld without cumulative effect and 12 with cumulative effect. The withholding of increments was challenged by way of demand notice which ultimately resulted in reference to the Labour Court. The particulars of the stoppage of increments is given in Annexure P-2 which are reproduced below: <FRM>JUDGEMENT_333_LLJ2_2001Html1.htm</FRM>

(3.) Labour Court held that out of 16 orders withholding increments, 4 orders under challenge viz. February 19, 1974, January 27, 1987, May 15, 1987 and May 16, 1987 imposing minor punishments of stoppage of annual grade increments without cumulative effect were made after following procedure prescribed by the Rules. It was held that no infirmity could be found in any of the aforesaid four orders and they were held to be valid. The remaining 12 orders under challenge are those whereby the annual grade increments were stopped with cumulative effect which is major punishment. It was held by the Labour Court that because of the punishment being a major punishment, it was obligatory on the competent authority to follow the procedure prescribed under Rules 8 and 9 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (for short 'the Rules') for the imposition of said major punishment failing which the orders are liable to be rejected as illegal. It was also observed that the procedure for imposition of major punishments was followed only in respect of only one order dated February 22, 1974 and, therefore, the order of February 22, 1974 was held to be valid. The remaining orders were held to be invalid. In spite of this, relief was not granted, as mentioned above, because of inordinate delay.