RAMESH KUMAR Vs. MANAGING DIRECTOR AND ANOTHER

JUDGEMENT

(1.) This petition at the instance of the workman is directed against the award passed by the learned Industrial Tribunal-cum-Labour Court, Shimla (for short 'Labour Court') on 11.01.2012 whereby the back wages have been denied to him, though he has been ordered to be reinstated in service along with seniority and continuity.

(2.) The petitioner in the year 1992 was engaged as daily waged Chowkidar by the respondents and posted at Banga Pani Depot at Shimla and while working a theft took place on the intervening night of 22/23.06.1999. The respondents conducted a preliminary inquiry by associating the petitioner and thereafter show cause notice was issued on 12.07.1999 which was followed by another notice dated 17.08.1999. It was alleged that the respondents without considering the replies submitted to these show cause notices terminated his services without holding any domestic inquiry and following any procedure. The petitioner challenged the order before the learned State Administrative Tribunal, however, the petition so preferred was dismissed for want of jurisdiction. It is thereafter that the petitioner resorted to the remedy as available to him under the Industrial Disputes Act (for short 'Act').

(3.) The respondents filed their reply to the claim petition wherein it was contended that the services of the petitioner were dispensed with on account of willful absence of the petitioner on the intervening night of 22/23.06.1999 when there was a theft of sixty scants of 'Deodar'.