BUTA SINGH Vs. PRESIDING OFFICER, LABOUR COURT, LUDHIANA

JUDGEMENT

(1.) Challenging the award of the Labour Court, Ludhiana, dated April 16, 1981, whereby while ordering reinstatement of the petitioner, back wages were denied to him, the petitioner approached this Court by way of this writ petition.

(2.) The petitioner was a Conductor with Punjab Roadways, Ludhiana. His services were terminated on July 18, 1972. Thereafter, he raised an industrial dispute which was referred to the Labour Court for adjudication. The management took the plea that the services of the petitioner were terminated after conducting an enquiry into the misconduct of the petitioner and, therefore, the order of termination is valid and proper and in accordance with law.

(3.) On the basis of material placed before it, the Labour Court found that the enquiry was fair and proper and that the workman was guilty of misconduct but the Labour Court came to the conclusion that the penalty of removal from service is an extreme penalty in the circumstances of the case and the workman suffered financially for about nine years and agreeing with the contention of the representative of the workman, the Labour Court directed the reinstatement of the petitioner without continuity of service and without back wages and treating the reinstatement as a fresh appointment. This part of the award is under challenge in this writ petition.