DIRECTOR Vs. PRESIDENT/GENERAL SECRETARY

JUDGEMENT

(1.) Present writ petition filed by State of Punjab under Article 226/227 of the Constitution of India is challenge to the award dated 16.11.2015 (Annexure-P/1) passed by learned Industrial Tribunal-cumLabour Court, Union Territory, Chandigarh (hereinafter referred to as 'the Tribunal'), whereby the punishment order dated 13.10.2005 and order dated 19.06.2006 passed by the appellate authority, have been set aside and the petitioner-management has been directed to release the increments and re-fix the pay of the workman.

(2.) Facts relevant for the purpose of decision of present writ petition; that one Karnail Singh was working as a Conductor with the petitioner-management. On 07.02003, while he was on duty on bus No.8322, which was going from Morinda to Bela, the said bus was checked by the inspecting staff. Six passengers were found travelling without ticket and the inspecting staff found that the workman had received the fare from the passengers, but did not issue tickets. The report regarding embezzlement of Rs. 30/- by the workman, was prepared and sent for necessary action. On the basis of the said report, charge sheet dated 13.03.2003 was issued to the workman which was duly responded by him. Thereafter, considering the reply filed by the workman to the charge sheet to be not satisfactory, a regular departmental enquiry was conducted wherein the workman was given due opportunity to defend his case. The Enquiry Officer submitted his report and the punishing authority while agreeing with the findings of the Enquiry Officer, issued show cause notice to the workman, to which he submitted reply, but the same too was found to be not satisfactory. Personal hearing was given to the workman and punishment of stoppage of three annual grade increments with cumulative effect was passed on 13.10.2005. The appeal filed by the petitioner against the order dated 13.10.2005 was rejected by the appellate authority vide order dated 19.06.2006.

(3.) The petitioner raised an industrial dispute before the Tribunal and challenged the aforesaid orders dated 110.2005 and 19.06.2006 and the learned Tribunal vide impugned award, Annexure P/1 set-aside the punishment order dated 110.2005 and order dated 19.06.2006 passed by the appellate authority.