STATE OF PUNJAB Vs. KALGA SINGH

JUDGEMENT

(1.) By this judgment I dispose of two Writ Petitions No. 3972 of 1980 titled 'State of Punjab v. Kalga Singh and others' and another bearing No. 844 of 1981 titled 'Kalga Singh v. State of Punjab and others' as in the opinion of this Court both the writ petitions can be disposed of by one judgment as common question of law and facts has arisen in these writ petitions. Moreover, these two writ petitions have arisen from one award passed by the Labour Court dated 3.3.1980 vide which it was held that workman Kalga Singh was entitled to reinstatement into service with the benefit of continuity of service but without back wages.

(2.) In writ petition filed by the State a prayer has been made for setting aside the award in toto while in the writ petition of Kalga Singh, it has been prayed that the Labour Court fell in error when it did not award back wages to him.

(3.) It has been alleged by the State in the writ petition that the Labour Court was not justified in holding that the enquiry initiated against the workman was liable to be set aside when it has been allegedly conducted in a fair manner, and that the Punishing Authority had taken into consideration all the relevant facts before terminating the services of Kalga Singh. The Presiding Officer, Labour Court was wrong in holding that there was no Presenting Officer before the Enquiry Officer and that the Enquiry Officer himself has acted as prosecutor causing a prejudice to the workman. These averments of the State have been denied by Kalga Singh who had tried to justify the award on this aspect but has attacked it on a separate ground in his own writ petition No. 844 of 1981 by alleging that once his written statement was allowed by the Labour Court it could not deprive him of the back wages.