UTTAR HARYANA BIJLI VITRAN NIGAM LTD. Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, PANIPAT AND ANR.

JUDGEMENT

(1.) The petitioner has assailed the award dated 8.4.2011 passed by the Industrial Tribunal-cum-Labour Court, Panipat (Annexure P-4).

(2.) The respondent-workman was working in the petitioner's office as a Sweeper w.e.f. 4.4.2001. On 26.7.2008, an accident took place in which one Late Dilip Singh, Lineman died due to electrocution. Arising out of these facts, it is alleged that petitioner is one of the responsible for death of Dilip Singh, Lineman to the extent that workman switch on the power. Thereafter, an Executive Engineer investigated the matter and submitted a report. In the report, it was held that respondent-workman and another Assistant Lineman were responsible for the death of Dilip Singh. Based on the report of the Executive Engineer, workman's services have been terminated and he was relieved.

(3.) Learned counsel for the petitioner submitted that perusal of Executive Engineer's investigation report, it is evident that workman is responsible for the death of Dilip Singh, Lineman. Thus, petitioners have taken decision to terminate services of the workman on 30.7.2008. Therefore, there is no infirmity. Before the Labour Court, petitioner remained ex parte. However, the Labour Court failed to appreciate the reasons for termination of the workman. Hence, the award passed by the Labour Court is without application of mind.