EXECUTIVE ENGINEER, I AND PH Vs. BHOLA RAM

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India for quashing the award passed by the learned Labour Court dated 20 -1 -1995. The termination of the respondent No. 1 has been held to be illegal and unjustified and vide the impugned award, the respondent No. 1 has been ordered to be reinstated in service with back wages.

(2.) The learned Counsel appearing for the petitioner submits that the respondent was a daily wager and was not entitled to any disciplinary proceedings under the Central Civil Services (Classification, Control and Appeal) Rules, 1965,

(3.) I have gone through the award and perusal of it reveals that the respondent was employed as Beldar on daily wages in the year 1986 and later was made Helper of the Pump Operator and continued in that capacity till 27th May, 1991. It has been found that his services have been terminated without any notice and inquiry and the provisions of section 25 -F of the Industrial Disputes Act, 1947 have not been complied with. It has also been found that a case of misconduct was made out against the respondent, but he was not allowed any opportunity to cross -examine the witnesses nor any specific charge -sheet of the alleged allegation of misconduct was ever served upon him, I thus find that the principles of natural justice were not complied with in this case.