STATE OF HARYANA Vs. SATBIR SINGH

JUDGEMENT

(1.) THE instant appeal filed by the State of Haryana under Clause X of the Letters Patent is directed against judgement dated 11.11.2009 rendered by the learned Single Judge while dismissing the writ petition and upholding the award of the Labour Court with a modification of reducing the payment of back wages to 50 %.

(2.) THE Labour Court has categorically found that the enquiry conducted by the appellant- State had not been fair and proper. Despite opportunities given by the Labour Court it did not avail the opportunity to adduce its evidence for proving the mis-conduct of the workmanrespondent.

(3.) HAVING heard the learned State counsel as well as the counsel for the respondent-workman, we are of the view that no legal infirmity in the judgement passed by the learned Single Judge could be found. It was sought to be argued by the learned State counsel that in the past also there have been allegations of embezzlement and the workman- respondent has been removed from service earlier as well. We are not impressed with the aforesaid contention. If the old record of an employee is to be made basis for enhancing his punishment then it should have been placed either before the Enquiry Officer or before the Labour Court. Such a record cannot be taken into account at the back of the workman- respondent. There is no merit in the appeal and the same is dismissed.