JAGIR SINGH (DIED) Vs. DIRECTOR STATE TRANSPORT PUNJAB

JUDGEMENT

(1.) Petitioner-Jagir Singh has approached this Court through the present petition filed under Articles 226/227 of the Constitution of India. The prayer made in the petition is to issue a writ of certiorari for quashing the award dated March 24, 1987 passed by the learned Labour Court, Bathinda, A copy of the aforesaid award has been appended as Annexure P1 with the petition.

(2.) The petitioner was working as a Conductor with Punjab Roadways. His services were terminated on December 17, 1981 on the basis of a misconduct. In fact on July 4, 1981 when the petitioner was working as a Conductor with the Punjab Roadways, then a raid was conducted and it was found that the petitioner had failed to issue the tickets of the requisite amount to the passengers although he had collected the full fare from the passengers. Accordingly, a charge sheet was served upon the petitioner. He replied to the same and denied the charges. An Enquiry Officer was appointed. A departmental enquiry was held. During the course of enquiry, Kartar Singh and Mohinder Singh, Inspectors of the Punjab Roadways who had checked the bus of the workman were examined. The petitioner was given an opportunity to cross-examine the aforesaid witnesses. Accordingly the petitioner cross-examined them at length.

(3.) After the aforesaid evidence was led by the parties, the Enquiry Officer submitted a report arid held the petitioner guilty. Accordingly his services were ordered to be terminated. The petitioner raised an industrial dispute. The matter was duly referred for adjudication under the provisions of Industrial Disputes Act, 1947 to the Labour Court, Bathinda.