BHARAT SANCHAR NIGAM LTD Vs. RAM PHAL SUHAG

JUDGEMENT

(1.) BHARAT Sanchar Nigam Ltd. has filed the instant writ petition impugning the award dated 21.7.2009 (Annexure P -2), passed by the Industrial Tribunal -cum -Labour Court -I, Chandigarh to the extent the respondent -workman has been held entitled to wages for the period 24.9.1992 till date of his removal i.e. 30.9.1994.

(2.) BRIEF facts emanating from the pleadings on record are that the respondent -workman was appointed as Telephone Operator in the year 1979 and was posted in Charkhi Dadri, District Bhiwani, Haryana when he absented from duty w.e.f. 8.2.1987. The employer chose to initiate a regular departmental inquiry against the workman on the charge of unauthorized absence from duty and upon findings having been recorded by the Inquiry Officer against the workman, the departmental proceedings culminated in the imposition of major penalty of removal from service vide order dated 30.9.1994.

(3.) UPON an industrial dispute having been raised and reference having been made by the appropriate govt. the award dated 21.7.2009 has been passed by the Labour Court, whereby removal from service of the workman has been upheld. Directions, however, have been issued to the petitioner -Nigam i.e. the employer to pay to the workman wages for the period 24.9.1992 till the date of passing of the order of removal from service i.e. 30.9.1994. Learned counsel for the parties have been heard at length. There is no dispute as regards the fact that vide notification dated 12.5.1998 the following dispute was referred to the Labour Court for adjudication: - "Whether the action of the Management of Department of Telecommunication, Rohtak in passing orders dated 30.9.1994 for removal from service against Sh. Ram Phal Suhag, Telephone Operator is just and legal? If not, what relief the workman is entitled for -