NACHHATTAR SINGH Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) This petition field under Articles 226/227 of the Constitution for modification of the award dated 15.5.1985 passed by the Labour Court by virtue of which the Labour Court ordered reinstatement of the petitioner-workman with continuity of service but denied backwages to him.

(2.) What emerges out from the records is that the petitioner-workman, who was working as conductor with respondent Nos. 2 and 3 was charge-sheeted containing the allegations of embezzlement. An enquiry was held and ultimately his services were terminated on 28.8.1981. The petitioner-workman, challenged his termination by serving a demand notice. The dispute was referred to the Labour Court for adjudication. Respondent Nos. 2 and 3 resisted the claim of the workman and justified the order of his termination by submitting that the workman was held guilty of serious misconduct. Their further stand was that the enquiry conducted against the workman was fair and proper.

(3.) The Labour Court vide the impugned award, with regard to the issue of fairness of enquiry, held that the same suffers from violation of the provisions of Rule 8(11) of the Punjab State Civil Services (Punishment and Appeal) Rules and accordingly decided the same against respondent Nos. 2 and 3. So far as issue regarding termination of service of the workman is concerned, the same was also decided against the management by observing that the management has failed to prove any misconduct on the part of the workman as may warrant termination of his services and that there was some bona fide mistake of calculation on the part of the workman. It accordingly ordered reinstatement of the workman with continuity of service. However, back wages were denied on the ground that the action taken by the management in terminating the services of the workman was not entirely mala fide.