GENERAL MANAGER PUNJAB ROADWAYS Vs. JOGINDER LAL

JUDGEMENT

(1.) GENERAL Manager, Punjab Roadways, Tarn Taran and another have filed this petition under Article 226 of the Constitution challenging the award of the Labour Court whereby Joginder Lal (the workman) was ordered to be reinstated with continuity of service and full back wages with effect from June 13,1983 the date on which he raised the industrial dispute.

(2.) THE workman was working as an electrician since 1970 with the Punjab Roadways, Tarn Taran. It is alleged that he went to the Assistant Account Officer to demand an advance of Rs. 100/ - and on being told that he was not entitled to the same, he misbehaved and abused the Officer. The workman was charge sheeted and a regular departmental inquiry was held against him. The charge was proved and his services were terminated on July 3, 1980. This termination gave rise to an industrial dispute which was referred for adjudication to the Labour Court, Amritsar.

(3.) COUNSEL for the parties have been heard and on a perusal of the impugned award I find that the same cannot be sustained. The inquiry held against the workman has been found to be fair and proper and the charge of misbehaviour and abusing the Accounts Officer stands proved. It is true that the Labour Court exercised its jurisdiction Under Section 11 -A of the Act but curiously enough it did not impose any punishment on the workman while reinstating him with full back wages. In view of its findings it was incumbent upon the Labour Court to have awarded some punishment to the workman. This has not been done. Ordinarily, if an employee abuses his officer his conduct would warrant even removal from service but keeping in view the fact that it was a solitary incident in the present case and there being nothing on the record to show that the workman had ever misbehaved earlier and in the hope that he must have learnt a lesson by now, I am taking a lenient view and maintaining the order of reinstatement. However, the workman will not be entitled to any back wages of which he must be deprived because of his proved misconduct.