BANSI LAL Vs. CIVIL SURGEON LUDHIANA

JUDGEMENT

(1.) This is an application seeking condonation of delay of 82 days in filing the accompanying appeal. For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed. Consequently, the delay of 82 days in filing the accompanying appeal is condoned. Application stands disposed of. LPA No. 935 of 2019

(2.) This intra-court appeal, under Clause X of the Letters Patent, is directed against the judgment and order dated 3.12.2018, passed by the learned Single Judge, allowing the petition filed by the respondent-employer.

(3.) Undisputedly, the appellant was charged with an offence of theft. After trial, he was convicted and the order of conviction attained finality. As a result, the appointing authority dismissed the appellant from service, on the ground that he was convicted in a criminal case, for committing a criminal act of chain snatching and as such, his retention in service would not be in public interest. Aggrieved, appellant raised an industrial dispute and the matter was referred to the Labour Court, which passed the award directing reinstatement of the appellant-employee with continuity of service and 40% back wages. The sole ground on which the award was passed by the Labour Court was that the order of dismissal was passed without holding any enquiry or giving an opportunity to show cause.