STATE OF HIMACHAL PRADESH Vs. RAMESH CHAND

JUDGEMENT

(1.) PETITIONER (hereinafter referred to as 'employer') has challenged award dated 1.9.2012 rendered by learned Industrial Tribunal -cum -Labour Court, Shimla in Reference No. 54/2009.

(2.) "Key facts" necessary for the adjudication of this petition are that respondent -workman (hereinafter referred to as the 'workman' for brevity sake) was engaged as Beldar on 4.10.1991. Enquiry Committee was constituted on 19.9.1998 to look into the reasons regarding tampering with the record of vouchers of Chopal Sub Division lying in the Divisional Office in the case of workman. Enquiry Committee concluded that the workman was responsible for tampering with the official record. Enquiry report is dated 24.11.1998. Consequently, a notice was served upon the workman on 26.2.1999, on the basis of which petitioner's services were terminated.

(3.) WORKMAN filed a claim petition, to which reply was filed by the employer. Case of the workman precisely was that neither any notice was issued to him nor any regular enquiry was held against him. Workman appeared as PW -1. On behalf of the employer, Shri T.S. Chandel appeared as RW -1. Learned Labour Court made award on 1.9.2012. The termination of the workman was declared improper and unjustified and his reinstatement was ordered with immediate effect by giving him benefit of continuity and back wages @ 25%. It is in these circumstances the employer has challenged the award dated 1.9.2012.