DINESH KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 19.08.2009 rendered by the learned Single Judge while disposing of C.W.P. No. 4473 of 2004. The respondent- Haryana Roadways had terminated the services of the workman-appellant. He had worked in Haryana Roadway for about 3 years as Helper from 7.12.1986 to 5.12.1989. On the allegation of absence for two months from duty w.e.f. 22.5.1989 to 23.7.1989, an enquiry was held where charges were found proved by the Inquiry Officer in his report. A copy of the inquiry report along with a note of agreement by the Appointing Authority has been placed on record as Annexure P-5, which reads thus :-

(2.) The workman-appellant challenged the enquiry report before the Labour Court arguing that the enquiry was vitiated because no opportunity of hearing was granted. The whole enquiry proceedings were completed in one hearing on 26.10.1989 allegedly in flagrant violation of the principles of natural justice. The workman-appellant succeeded before the Labour Court and the view of the Labour Court has been expressed in its short award, dated 13.5.2003 (P-13) which reads as under :-

(3.) A perusal of the award would show that there is no observation by the Labour Court to the effect that 'the workman-appellant did not lead any evidence in rebuttal but the Labour Court held that once the enquiry was held to be unfair and improper the evidence of the Management subsequently cannot rectify that lapse'.