DIRECTOR STATE TRANSPORT, PUNJAB, CHANDIGARH Vs. GULZAR SINGH

JUDGEMENT

(1.) The State of Punjab and another (hereinafter referred to as 'the management') has filed the present writ petition challenging the award dated 9.1.2001 (Annexure P-3) passed by the Presiding Officer, Labour Court, Bathinda, whereby the termination of services of the respondent workman was held to be illegal and he was ordered to be reinstated with continuity of service but without back wages.

(2.) The brief facts of the case are that the respondent workman was employed on temporary basis as Conductor in the Punjab Roadways. On 22.3.1986 his bus was checked and it was found that five passengers were travelling without ticket. Those passengers had paid the fare but the respondent workman did not issue any ticket. For the said misconduct, a regular departmental enquiry was conducted. The workman was provided full opportunity to defend himself. In the said enquiry he was found guilty of the alleged misconduct and ultimately after issuing show cause notice to him and providing personal hearing, he was terminated from service vide order dated 2.4.1987.

(3.) The respondent workman instead of raising the industrial dispute challenged his termination by filing a civil suit claiming that his termination was contrary to Punjab Civil Services (Punishment and Appeal) Rules, 1970 as well as Article 311 of the Constitution of India. The said suit was contested by the petitioners on merits. Ultimately, after considering the evidence led by both the parties, the trial Court dismissed the said suit and upheld the order of termination vide judgment and decree dated 9.11.1989 (Annexure P-1) (copy of the same was placed before the Labour Court vide Ex.M/1 and M/2). Feeling aggrieved against the said judgment and decree, the respondent workman filed an appeal before the Additional District Judge, Ferozepur. The same was also dismissed vide judgment and decree dated 29.7.1992 (Annexure P-2) (copy of the same was placed before the Labour Court vide Ex.M/3 and M/4).