STATE OF PUNJAB Vs. HARPAL SINGH EX-CONDUCTOR

JUDGEMENT

(1.) THIS writ petition was filed challenging the award of the Labour Court on 22. 1. 1981.

(2.) THE first respondent was employed as a conductor in Punjab Roadways, Ludhiana. His services were terminated by an order dated 5. 7. 1979 after holding an enquiry on the charge that the first respondent did not issue tickets to 3 passengers and thereby caused a loss of Rs. 8. 10 paise to Punjab Roadways. The first respondent raised an industrial dispute which was referred to the Labour Court for ad judication. The Labour Court on the basis of the material placed before it, found that the enquiry is fair and proper, but came to the conclusion that the punishment of dismissal from service is disproportionate in the circumstances of the case. Therefore, the Labour Court ordered the reinstatement of the first respondent and denied back wages to him as the Labour Court was of the opinion that the denial of back-wages would be sufficient punishment for the lapse on the part of the first respondent.

(3.) THERE is no averment that the workmen was in the habit of collecting the fares from the passengers and not issue tickets to them. As amount involved is merely Rs. 8. 10 paise, the Labour Court found that the supreme penalty of removal from service is disproportionate in the circumstances of the case.