JOGINDER LAL Vs. PRESIDING OFFICER, LABOUR COURT, AMBALA

JUDGEMENT

(1.) Award dated 20.3.1985 passed by the Labour Court, Ambala upholding the termination of the service of the petitioner has been challenged in this writ petition wherein the petitioner has prayed that the impugned award be quashed and he be ordered to be reinstated in service with all consequential benefits.

(2.) From the facts which have been brought on the record by the two sides it is revealed that the petitioner joined service of the Haryana Roadways at Kaithal on 7.8.1971 on being appointed as conductor. He proceeded on four days sanctioned leave in the year 1976 but did not join for a long time. The employer initiated an enquiry against the petitioner, which proceeded ex parte because the petitioner did not join the enquiry officer even after publication of a notice in the newspaper. The Enquiry Officer held the petitioner guilty of the charge levelled against him. Thereafter, the General Manager, Haryana Roadways, Kaithal, issued notice to the petitioner and called upon to him to show cause against the proposed penalty. Even then the petitioner did not appear before the competent authority resulting in passing of the order dated 23.7.1979 for termination of his service on the ground of absence from duty.

(3.) The petitioner raised a dispute against the termination of his service, which was referred by the Government to the Labour Court, Ambala, under section 10(1)(c) of the Industrial Disputes Act, 1947 (for short, the Act).