CHANDIGARH TRANSPORT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The impugned award dated 05.05.2010 passed in the present case by the Presiding Officer, Industrial Tribunal-cum-Labour Court, UT, Chandigarh in reference No.50 of 2005 allowing the reference and quashing the order of punishment dated 29.09.2000 deserves to be quashed on the short ground that statutory remedies available to the workman against the order of punishment were not availed by him although statutory appeal and further revision is provided under rules notified under proviso to Article 309 of the Constitution of India, that is, The Punjab Civil Services (Punishment and Appeal) Rules, 1970 make provision for appeal under Rule 16 while Rule 15 thereof specifies the orders against which appeal lies.

(2.) The learned Single Judge of this Court followed the decision of the Division Controller, Karnatka State Board Transport Corporation, Bangalore Central Division, Bangalore vs. G.M.D. Murthy,2002 2 CLR 162 to hold that where statutory appeal is not exhausted, the matter would have to go back for decision in statutory appeal since that is an alternative remedy for the purposes of reference under the Industrial Disputes Act, 1947 (for short "the ID Act").

(3.) When notice of motion was issued in this case on 20.12.2010 the learned Single Judge of this Court passed the following order:-