GENERAL MANAGER Vs. BRAHAM DASS

JUDGEMENT

(1.) Braham Dass, who was Adda-Conductor, was dismissed onJune 9, 1980. His Departmental appeal was dismissed on February 1, 1981. He challenged the orders aforesaid in a civil suit, which was dismissed on November 19, 1982. Copy of the judgment is Annexure P/2. Appeal filed against the judgment and decree was dismissed on August 28, 1985, copy Annexure P/3. Subsequently the Workman- Braham Dass raised an industrial dispute that the matter was referred to the Labour Court and ultimately award Annexure P/1 was made on February 8,1990.

(2.) The Labour Court modified the order of dismissal and imposed stoppage of two increments. The Workman was ordered to be reinstated with continuity of service, but without any wages.

(3.) Stand of the State is that on account of serious allegations, order of dismissal was passed and the Labour Court was not justified in modifying the order of punishment, Three allegations, which were proved against the Workman, were: