RAJ KUMAR Vs. PRESIDING OFFICER AND ORS.

JUDGEMENT

(1.) THE workman [now represented by LRs] has approached this Court against the impugned award dated November 3, 2011 passed by the Presiding Officer, Labour Court,

(2.) THE inquiry conducted against the late petitioner was ex parte. The charge was of embezzlement of Rs. 50/ - received from the passengers without issuing tickets while on duty on a Pathankot bound bus. As a result of the ex parte inquiry and the report submitted by the inquiry officer wherein the charge was proven, the disciplinary authority dismissed the petitioner from service on 10th April, 2000. He felt aggrieved by the extreme punishment inflicted. He filed a statutory appeal against the dismissal order on 3rd May, 2000 which was returned to him to be presented to the new appellate authority appointed by the Government. On 15th August, 2000, the appeal was filed before the appropriate appellate authority where it remained pending without any consideration or communication to the petitioner as to the result of the statutory appeal.

(3.) AGGRIEVED by the dismissal order and communication of rejection of the appeal without proper orders being passed at both stages the petitioner raised an industrial dispute by serving demand notice on the Department of State Transport seeking justice. The conciliation proceedings did not result in settlement and the failure report was submitted to the appropriate Government under section 12(4) of the Industrial Disputes Act, 1947 which referred the dispute under Section 10(1)(c) read with S.2A to the Labour Court for adjudication.