H.R.T.C Vs. NATHU RAM

JUDGEMENT

(1.) Respondent Nathu Ram was working as a Driver with the petitioner. He was compulsorily retired from service with effect from 20.9.1993 after he had put in 19 years of service. Dissatisfied with such order of compulsory retirement passed by the petitioner, the respondent raised an industrial dispute. The following dispute was referred to the learned Labour Court for adjudication: "1. Whether the penalty of compulsory retirement imposed upon Sh. Nathu Ram, driver by the Divisional Manager, H.R.T.C., Shimla w.e.f. 20.9.1993 after his 19 years service in the Corporation without completing the enquiry against him, is legal and justified, if not, to what relief, Sh. Nathu Ram driver is entitled to?

(2.) Whether the act of alleged second marriage, if any, on the part of Shri Nathu Ram falls within the ambit of the Industrial Disputes Act 1947, if not, its effect -

(3.) The learned Labour Court after holding the necessary inquiry and on the basis of the evidence coming before it vide Award dated 16.4.1999 held that the penalty of compulsory retirement imposed upon the respondent was bad. The learned Labour Court accordingly directed reinstatement of the respondent in service with all service benefits available to him. Aggrieved by the award dated 16.4.1999 of the learned Labour Court, the petitioner has come up before this Court by way of the present writ petition.