DHERU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Judgment disposes of R. S. A. No. 2409 of 1986, C. W. P. Nos. 11002 and 12667 of 1992.

(2.) IN C. W. P. No. 12667 of 1992, Janak Chand petitioner/workman (hereinafter to be referred to as the 'workman') has challenged the award of the Labour Court dated February 17, 1992 rendered in Reference No. 339 of 1988. In C. W. P. No. 11002 of 1992 Gurpal Singh, petitioner-workman (hereinafter to be referred to as the 'workman') has challenged the award of the Labour Court dated February 17, 1992 rendered in Refer No. 483 of 1987. R. S. A. No. 2409 of 1986 is directed against the Judgment and decree of the learned Additional District Judge, Gurdaspur affirming on appeal those of the trial Judge dismissing the suit of the plaintiff-appellant (herein after 'plaintiff) for declaration to the effect that the appellate order passed by the Divisional Manager, Transport Department, Jalandhar, dated October 31, 1983, affirming on appeal the order of removal of the plaintiff from service dated July 11, 1993, was dismissed.

(3.) THE regular second appeal came up for hearing before a learned Single Judge of this Court. It was conceded before the learned Single Judge that the Inquiry Officer did not ask the delinquent employee if he wanted the help of his next friend and that failure to do so resulted in vitiating the enquiry proceedings. In support of his submission, reliance was placed on Bhagat Ram v. State of Himachal Pradesh,1 A. I. R. 1983 S. C. 454, and two Judgments of this Court reported as Kchar Din v. The Presiding Officer, Labour Court, U. T. Chandigarh,2 1992 (2) R. S. J. 181, and Hans Raj Gupta v. State of Punjab,3 1992 (1) R. S J. 462. The learned Judge expressed doubt about the view expressed by the learned Single Judge in Hans Raj Gupta's case in para 7 of the Judgment. He accordingly requested Hon'ble the Chief Justice that the matter be placed before a Division Bench for disposal.