GENERAL MANAGER, PB. ROADWAYS Vs. AMIR CHAND

JUDGEMENT

(1.) This Writ Petition under Articles 226/227 of the Constitution of India has been filed by the General Manager, Punjab Roadways, Amritsar-I and the Director, State Transport, Punjab, Chandigarh (hereinafter referred to as "the Management") with the prayer for quashing the impugned award dated 28.7.1993 published in Government Gazette October 15, 1993 passed by the Presiding Officer, Labour Court, Amritsar (hereinafter referred to as "the Labour Court").

(2.) The workman was employed as Conductor with the Management since November, 1969. His services were terminated w.e.f. 9.7.1980. The services of the workman were terminated on the basis of report submitted by the Checking staff. An enquiry was conducted and ultimately, the order of termination of services of the workman dated 9.7.1980 was passed. The checking staff had detected that six passengers who boarded the bus from Gurdaspur to Jaura were without ticket. On enquiry from the passengers, it was learnt that the Conductor had collected 75 paise each from the passengers, but did not issue any ticket. In this way, the Conductor had misappropriated the amount of Rs. 4.50. Charge-sheet was served on the workman on 10.4.1980. According to the case set out by the Management, the workman did not file any reply. Consequently, the charge was held to be proved against the workman. The workman filed a declaratory suit challenging the order of termination in the Court of Sub-Judge Ist Class, Amritsar, being Civil Suit No. 783/25.9.82/28.8.82. This suit was dismissed for default on 29.11.1984. The order reads as under :-

(3.) After the dismissal of the suit for default, the workman raised a demand notice. After failure of the conciliation, the industrial dispute was referred to the Labour Court, Amritsar. The Labour Court framed the following two issues :-