VIJAY KUMAR NAYYAR Vs. P.O.L.C.

JUDGEMENT

(1.) IN the present writ petition, the challenge is to the order dated 22nd February, 1995 (Annexure P -14) passed by the Labour Court in favour of the Management on the issue as to whether the departmental enquiry conducted against the workman was fair and proper and also to the award dated 17th November, 1995 (Annexure P -15) passed by the Labour Court, Ludhiana, wherein reference has been answered against the workman, however, granting him some compensation.

(2.) AT the very outset, counsel for the Petitioner has submitted that he would restrict the claim in present writ petition only to the question of remand of the case as he submits that the Labour Court has not gone into the legality and validity of the order of termination dated 30th November, 1979 by observing that the enquiry proceedings have been upheld by the Labour Court in its earlier order dated 22nd February, 1995 and therefore, the Court did not have the jurisdiction to proceed and decide on the said argument raised by the Authorized Representative of the workman.

(3.) COUNSEL for Respondent No. 2, on the other hand, submits that the Labour court having come to the conclusion that the enquiry proceedings have been held against the workman as per law, had no option but to proceed the way it has vide its impugned award dated 17th November, 1995. He, however, submits that even if the prayer of the counsel for the Petitioner for remand of the case is to be accepted, then also prima facie the Petitioner has to establish that there indeed has been violation of the statutory Rules governing the service. He, on this basis, supports the award passed against the workman and states that the writ petition deserves to be dismissed.