NAZAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This appeal under Clause X of the Letters Patent is directed against order dated 9.1.1997 vide which the learned Single Judge allowed C.W.P. No. 108 of 1983 filed by the respondents and quashed the award passed by Presiding Officer, Labour Court, Patiala (respondent No. 3) in Reference No. 644 of 1980 for reinstatement of the appellant with continuity of service and 50% back wages.

(2.) The facts necessary for deciding the appeal are in a narrow compass. Appellant-Nazar Singh (hereinafter described as 'the workman') was appointed as Conductor in the service of Punjab Roadways at Moga (hereinafter described as 'the employer') on 4.3.1974. His services was terminated on 8.10.1978 because he was found guilty by the employer of the charge of issuing tickets of less denomination after collecting the prescribed fare from the passengers. He challenged the action of the employer by raising an industrial dispute which was referred by the Government of Punjab under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short, 'the Act') to Labour Court, Patiala.

(3.) In his statement of claim, the workman pleaded that his service had been terminated without holding a proper enquiry and the penalty imposed by the employer was totally unjustified.