RAGHUBIR SINGH Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The petitioner - Workman is aggrieved by the award dated 17.05.2011 passed by the Labour Court, Hisar answering the reference against him and dismissing his claim for re-instatement.

(2.) The petitioner was a Conductor in the Haryana Roadways when FIR No. 465 dated 10.08.1993, under Sec. 409 of the Indian Penal Code was registered against him in Police Station, City Hisar, inter-alia, alleging that he had misappropriated tickets amounting to Rs. 16,789.50. The petitioner was arrested in the afore-stated case on 15.09.1994 and remained in custody till he was released on bail on 15.11.1994. He is claimed to have reported for duty after his release on bail but the Authorities did not allow him to resume duties on the plea that his services already stood terminated vide order dated 21.10.1994. The petitioner was acquitted in the criminal case by the Judicial Magistrate 1st Class, Hisar vide judgment dated 11.07.2002 holding that though entrustment of tickets to the petitioner stood proved but "dishonest misappropriation thereof could not be proved by the prosecution". The petitioner was, thus, given the benefit of doubt but with liberty to the Department to take departmental action against him. It was thereafter only that the petitioner moved an application for his reinstatement and then raised the industrial dispute which was initially answered in his favour by the Labour Court vide Award dated 22.05.2009 holding him entitled for reinstatement in service with 50% back wages.

(3.) The Department challenged the afore-stated award before this Court in CWP No. 13366 of 2009. After taking notice of the fact that the petitioner-workman was removed from service by invoking the powers under Art. 311[2][b] of the Constitution and the Labour Court ought to have returned a finding regarding reasonableness of the satisfaction of the Authority to arrive at the conclusion that holding of departmental inquiry was not feasible, the matter was remitted to the Labour Court for fresh adjudication on the above mentioned issue.