ASHWANI KUMAR Vs. PRESIDING JUDGE, LABOUR COURT

JUDGEMENT

(1.) A challenge has been laid to the award passed by the Presiding Judge, H.P.Labour Court, Shimla on 21.11.2006 in a reference No. 83 of 1999.

(2.) THE State Government has made the following reference to the Labour Court which reads thus:

(3.) THE brief facts as projected in the writ petition by the workman are that the disciplinary proceedings were initiated against him under rule 14 of the CCS (CCA) Rules, 1965 vide letter dated 6th February, 1998. Shri Hemant Kumar was appointed as the Inquiry Officer. The Inquiry was concluded in the year 1988. The workman was issued notice by the respondent No. 3 on 1.11.1996 whereby for the first time the copy of the inquiry report was enclosed. The workman was called upon to make a representation against the proposed penalty of removal from service. The workman was directed to appear for personal hearing. He appeared before the disciplinary authority i.e. Regional Manager on 24.1.1997. The disciplinary authority i.e. respondent No. 3 had passed the following order on 24.1.1997: Heard. While going through the enquiry report, it is noticed that the kind of charge levelled against Shri Ashwani Kumar Conductor has not been proved. Despite it, E.O. has told that no proof has been produced of A.C. amount from the passengers. Although the undersigned is imposing the following penalty: - One increment stopped for one year without cumulative effect. -