GENERAL MANAGER PUNJAB ROADWAYS Vs. JARNAIL SINGH

JUDGEMENT

(1.) This appeal is directed against order dated May 23, 2001 of the learned single Judge vide which he modified the award passed by Presiding Officer, Labour Court, Patiala (respondent No. 2) and declared that respondent No. 1 - Jarnail Singh (hereinafter described as the workman) shall be deemed to have been reinstated with 60% back wages from the date of demand notice and continuity of service.

(2.) The workman was initially engaged as Conductor in Punjab Roadways, Ferozepur Depot on January 22, 1978. His services were terminated on August 22, 1978 without holding any enquiry though the motivating factor which influenced the competent authority to dispense with his service was that at the time of checking of the bus, he was found to have collected Rs.8.20 from the passengers without issuing tickets. He challenged the termination of the service of the workman as illegal on the ground of violation of rule of last come first go embodied in Section 25-G of the Act, but did not order his reinstatement with continuity of service and back wages. Instead, he directed that the workman will be entitled to fresh appointment.

(3.) Feeling dissatisfied with the award of the Labour Court, the workman invoked jurisdiction of this Court under Article 226 of the Constitution of India and prayed for grant of relief of continuity of service with full back wages.