PREM SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Feeling aggrieved from the judgment dated 16.2.2009 passed by learned Single Judge, thereby dismissing confirming the award dated 10.09.2008 passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar, present L.P.A. has been filed by the appellant/writ petitioner.

(2.) The brief facts of the present case are that petitioner/appellant was suspended from service on 30.12.1982 on the charges of embezzlement in the Society. Regular charge-sheet was issued on 09.08.1984. Appellant-workman submitted his reply to the charge-sheet, however, the same was not found to be satisfactory. A regular enquiry was initiated against the workman vide order dated 2.6.1984. In the enquiry, workman did not participate despite of repeated opportunities being given to him. Detailed enquiry report was submitted by the Enquiry Officer against the workman. Show Cause Notice was issued to the workman on 8.8.1984 to which detailed reply was submitted by the workman. Opportunity of personal hearing was granted to the workman, in which workman appeared and made a prayer for re-enquiry. Request of the workman to hold enquiry de novo was accepted. In the fresh enquiry, workman participated. The enquiry report was submitted, on the basis of which, again show cause notice dated 18.3.1987 was issued alongwith enquiry report to the workman. The workman again submitted his reply to the second show cause notice and was given a personal hearing by the Board of Directors and ultimately, his service was terminated vide order dated 27.3.1987.

(3.) Admittedly, arbitration proceedings were also held against the workman for embezzled amount as per the provision of Cooperative Societies Act, in which also, award was passed for the recovery of the embezzled amount on 13.3.1996 and amount shown in the award was thereafter deposited by the workman in the Bank.