THE PUNJAB STATE CO Vs. AVTAR SINGH KAHLON

JUDGEMENT

(1.) Respondent No. 1 Avtar Singh Kahlon was employed as Field Inspector with the Markfed on March 31, 1976. He was charge-sheeted. Vide order dated June 3, 1978, he was ordered to be removed from service. He raised an industrial dispute. The Labour Court having decided against him, he approached this court through a petition under Article 226 of the Constitution. The learned Single Judge vide judgment dated October 1, 1991, held that the order of punishment was violative of the principles of natural justice inasmuch as no opportunity had been afforded to the employee to represent against the findings recorded by the Enquiry Officer. He was also not afforded any opportunty to show cause against the proposed penalty. Thus, the order of removal from service was set aside. Aggrieved against the judgment, the Markfed has filed the present appeal.

(2.) Mr. Amar Vivek, counsel for the appellant contends that no prejudice was caused to the respondent by the non-supply of a copy of the enquiry report or the failure to issue a show cause notice to him.

(3.) The contention is misconceived. Admittedly, a copy of the enquiry report was not supplied to the respondent. He was not afforded any opportunity to show that the findings recorded by the Enquiry Officer were not in conformity with the evidence on the record of the case. He was also not given any opportunity to represent against the proposed penalty. In this situation, it cannot be said that the view taken by the learned Single Judge is contrary to law. Still further, it has been pointed out by the counsel for the respondent-workman that in pursuance of the judgment, he had been actually reinstated on July 27, 1992. He has been working with the appellant since then. He is already more than 50 years of age. Mr. Khoji, counsel for the respondent has further stated that he has earned good reports and that in case he is allowed to continue working on the post, he would not claim any arrears of salary in pursuance of the judgment of the learned Single Judge.