MEHAR SINGH, CONDUCTOR Vs. PUNJAB ROADWAYS, NAWANSHAHR, DISTRICT JALLANDHAR THROUGH ITS GENERAL MANAGER & OTHERS

JUDGEMENT

(1.) The Punjab Government vide its notification dated 14th Jan., 1982 referred an industrial dispute under Sec. 10(l)(c) of the Industrial Disputes Act, 1947 for adjudication. The point in dispute was as follows:

(2.) The learned Labour Court reached to a conclusion that enquiry was held in violation of the mandatory provisions of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 and against the principles of natural justice and that stands vitiated. In view of this finding arrived at, the Labour Court directed the Management to reinstate the petitioner-workman in service with continuity of service within 30 days of the publication of the award but did not award the back wages. The petitioner is aggrieved against the award of the Labour Court qua not granting him the back wages. The counsel for the petitioner contends that when a Court comes to conclusion that the termination of services of the workman was not justified, it should award back wages to him. He further contends that the Labour Court has not assigned any cogent reasons for denying the back wages to the petitioner.

(3.) I have considered the submissions made at the Bar and perused the entire paper book.