RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition for quashing of the award dated 23.8.1988 passed the Labour Court, Bhatinda in Reference No. 1 of 1988 'Ram Singh V. General Manager, Punjab Roadways, Moga and another.

(2.) Although none has appeared on behalf of the parties, we do not consider it appropriate to dismiss the petition in default because this Court has not been able to give hearing to the petitioner for last almost one decade.

(3.) The facts borne out from the writ petition, the written statement and the impugned award show that after he had served the Punjab Roadways for 11 years, the petitioner (workman) was removed from service on the charge of absence from duty. The dispute raised by him was referred by the Government of Punjab under Section 10(1)(c) of the Industrial Disputes Act, 194 (for short 'the Act') to the Labour Court, Bhatinda for adjudication. The petitioners challenged the termination of his service on the ground that the departmental enquiry held by the employer was not fair and proper and also on the ground that the termination of his service was not justified. By the impugned award the Labour Court held that the workman was afforded sufficient opportunity to defend himself and the failure of the Enquiry Officer to give him opportunity to seek the assistance of co-worker does not have the effect of vitiating the enquiry. On the basis of this conclusion, the Labour Court upheld the termination of the service of the petitioner.