PUNJAB STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED, SECTOR 17, CHANDIGARH Vs. PRESIDING OFFICER, LABOUR COURT, GURDASPUR AND ANOTHER

JUDGEMENT

(1.) This judgment shall dispose of Civil Writ Petition No. 8559 of 1988 moved by the Punjab State Cooperative Supply and Marketing Federation Limited (hereinafter to be referred as 'the MARKFED') under Articles 226 and 227 of the Constitution of India for quashing the impugned award dated 6.4.1988 (Annexure P.3) as well as Civil Writ Petition No. 3770 of 1989 filed by Joginder Singh (Hereinafter to be referred as 'the workman') under Article 226 of the Constitution of India for setting aside part of the award dated 6.4.1988 (Annexure P.1) vide which the Labour Court has directed MARKFED to pay back-wages to him (Joginder Singh) with effect from 6.3.1984 and not from 25.4.1980, the date of termination of his services.

(2.) The facts as garnered from Civil Writ Petition No. 8559 of 1988 are that Joginder Singh, workman was employed in the year 1969 as a Manager 'B' Grade. While working as such at Gurdaspur, he was issued a show cause notice in August, 1974 for having misconducted himself. As a result of which, the MARKFED suffered huge losses. The explanation furnished to the show cause notice by him was not found satisfactory. So, a regular domestic inquiry was ordered after serving a charge-sheet on him. Shri K.N. Chopra, Enquiry Officer after holding a fair and proper inquiry held that the charges levelled against the workman stood proved. The inquiry report was placed before the Administrator who was then performing the functions of the Board of Directors of MARKFED as well as of the Administrative Committee. After considering the inquiry report, dismissal order dated 25.4.1980 was passed. The workman having been dismissed from service on account of misconduct after a fair and proper domestic inquiry possibly had no dispute much-less an industrial dispute but he raised a dispute under the Industrial Disputes Act, 1947 (for short, 'the Act'). The reference was made to the Labour Court, Gurdaspur. The following issues were framed :-

(3.) After hearing the respective representatives of the parties and examining the evidence on record, the learned Presiding Officer, Labour Court, Gurdaspur directed MARKFED to reinstate the workman with continuity of service and full backwages with effect from 6.3.1984 till reinstatement. Feeling aggrieved with the award dated 6.4.1988, the MARKFED has filed the above referred petition. The workman feeling aggrieved with the withholding of back-wages from 25.4.1980 till 5.3.1984 preferred the above mentioned petition.