BRITISH MOTOR AND CYCLE MART Vs. BABU LAL

JUDGEMENT

(1.) A notification of the Punjab Government, dated 13 September 1958, notified that an industrial dispute, existed between the management of British Motor and Cycle Mart, Ambala Cantonment, and their employee, Babu Lal, and accordingly referred it to the labour court for adjudication. The dispute was formulated in these terms: Whether the dismissal of Babu Lal, workman is in order and justified and if not, to what relief is he entitled?

(2.) BRIEFLY stated, the dispute turned round the termination of Babu Lal's services by the management on 15 May 1958. The management Contended that Babu Lal having left work of his own accord without applying for any leave, was chargesheeted the next morning. Subsequently, Babu Lal having tendered a resignation, the necessity of an enquiry was obviated. Babu Lal, on the other hand, contended that he took leave for Abe afternoon of 15 May 1958 from the proprietor of the British Motor and Cycle Mart and when he came next morning no work was assigned to him. He brought this to the notice of the labour inspector and continued to do so till he was served with a charge-sheet on 29 May 1958. Although he gave a reply to this charge-sheet, he did not hear anything from the management which asked him finally on 9 June 1958 to quit the factory premises. The labour court, presided over by Sri Sher Singh, accepted the version of the employee and found that his dismissal was not justified. So far as this aspect of the dispute is concerned, it is not in issue now, being essentially a decision on a question of fact. It is only the relief granted by the, labour court which has been challenged by the petitioner, British Motor and Cycle Mart by way of a writ under Article 226 of the Constitution of India. The labour court granted the following five reliefs to the respondent Babu Lal:--

(3.) THE award was made by the labour court on 10 January 1959.