TILAK RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shri Tailak Raj, the petitioner, has filed the present writ petition under Article 226/227 of the Constitution of India against the respondents including respondent Nos. 3 and 4 i.e. Management of Punjab Dairy Development Corporation Limited (hereinafter called 'the Corporation') praying for the issuance of writ of certiorari, Mandamus and for the quashment of the impugned award (Annexure P.9) passed by Labour Court and it has been pleaded by the petitioner that he was appointed as workman (Dairy Extension Worker) by the Managing Director of the Corporation with effect from 1.1.1967 and the term of his appointment was extended up to 31.3.1971 by the Corporation. Due to hard and efficient work he completed his probationary period to the entire satisfaction of the management. He was made regular vide letter dated 15.2.1972. Although his appointing authority was the Managing Director, the General Manager of the Branch at Ludhiana of the Corporation started disciplinary proceedings against him and issued a charge-sheet dated 4.11.1974. The petitioner submitted reply to the charge-sheet. The allegations contained in the charge-sheet were absolutely false and frivolous. A domestic inquiry against the petitioner was ordered and finally the petitioner was dismissed from service on 28.5.1976. He challenged the order of dismissal in the Labour Court, which passed the award (Annexure P.9) holding that the penalty of dismissal was not justified on the part of the management. A lenient view was taken by the Labour Court and a lesser punishment was awarded to the petitioner in the ends of justice and it was ordered that he would be reinstated into service with the benefit of continuity of service and by way of punishment the Labour Court awarded stoppage of one increment with cumulative effect and it was further declared by the Labour Court that petitioner would not be entitled to back wages and the period of his absence from duty shall be treated as leave of the kind due. The present petitioner Shri Tilak Raj has given the challenge to the award in the present writ petition on the grounds that illegal, invalid and void award has been passed. The petitioner was entitled to be reinstated into service with benefit of full back wages. As the charges against the petitioner were not established beyond doubt, it has also been pleaded by the petitioner that the award to the Labour Court is passed on non-proper appreciation of evidence. The Labour Court itself has come to the conclusion that the termination of the petitioner's service was illegal.

(2.) Notice of the writ petition was given to the respondents. At one point of time, Respondents Nos. 3 and 4 gave the appearance but after the stage of admission of the main writ petition, no return has been filed by these respondent.

(3.) The impugned order (Annexure P.9) shows that petitioner, Shri Tilak Raj was charge-sheeted by the Department on three counts:-