STATE OF PUNJAB Vs. HARISH CHANDER

JUDGEMENT

(1.) The present petition has been filed against the award of the Labour Court dated 23rd July, 1980 Annexure P-1 to the petition. The relevant facts of the case are reproduced hereunder :

(2.) Respondent No.1 was appointed as a conductor by the General Manager of the Punjab Roadways, Patiala. Vide order dated 18th March, 1977, issued after a due departmental enquiry, his services were terminated as he had embezzled a sum of Rs. 3/- from the sale of tickets that were in his custody. Aggrieved by the order terminating his services the respondent claimed a reference to the Labour Court. The Labour Court framed the following issues :

(3.) At the time of motion hearing of this case on 24th September, 1981 stay of the operation of the award was ordered and when the case was admitted on 3rd November, 1981 the stay was ordered to continue and is said to be operative till now, with the result that though there is an order of reinstatement in favour of the respondent yet in view of the stay. order granted by this Court he has not been reinstated. It is true that ordinarily this court would not, sitting on the writ side interfere with the award of the Labour Court if the discretion has been properly exercised, but from the facts of the case it is clear that as the allegations of embezzlement have been proved it would not be proper to give the benefit of section l 1-A of the Industrial Disputes Act to provide a lessor punishment. Moreover, I find that in the present case the services of the workman-respondent were terminated way back in the year 1977 rind it would be highly improper to put him back in the service of the petitioner after a lapse of so many years. For the reasons recorded above, the present petition is allowed and the order of the Labour Court is quashed. There will however be no order as to costs.