JAI BHAGWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in this petition filed under Articles 226.227 of the Constitution of India is to the award dated 14.3.2006 (Annexure P-5) whereby the claim of the petitioner-workman has been dismissed. We have heard learned Counsel for the petitioner and have also gone through the paper book carefully.

(2.) It is not in dispute that on account of having remained absent from 17.11.2000 to 20.12.2000, the services of the petitioner-workman were terminated on 23.5.2001. The grievance of the petitioner is that prior to terminating his services, neither any enquiry was held nor compliance, as required under Section 25-F of the Act, was made. Moreover, his is plea that during the said period, he could not attend his duties due to medical ailment. This has not been considered either by the department or by the Labour Court.

(3.) The enquiry as well as the award of the Labour Court have been challenged mainly on the ground that the petitioner was not intimated about the enquiry, which was proceeded against him against the principles of natural justice.