C.W.P. No.1092 of 1987 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** C.W.P. No.1092 of 1988 Date of Decision:07.11.2008 The Phaphre Bhaika Co-operative Agricultural Service Society Ltd., Phaphre Bhaike, Tehsil Mansa, District Bhatinda .....Petitioner Vs. The Presiding Officer, Labour Court, Bhatinda and another .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. M.S. Bedi, Advocate for the petitioner. Mr. Vikas Singh, Advocate for Mr. Sarjit Singh, Senior Advocate for respondent No.2. **** JUDGMENT HARBANS LAL, J. This petition has been moved by the Phaphre Bhaike Co- operative Agricultural Service Society Ltd. under Articles 226/227 of the Constitution of India for quashing the impugned award Annexure P.6 dated 14.9.1987. The brief facts giving rise to this petition are that Amrik Singh- respondent (hereinafter to be referred as `the workman') was employed by the petitioner- Society as a Salesman. His services were terminated by the petitioner- Society on 26.10.1983 as he had embezzled the funds of the petitioner- Society and the Management had lost confidence in him. All C.W.P. No.1092 of 1987 -2- these actions amounted to gross misconduct on his part. There was no necessity for the petitioner- Society to conduct regular inquiry and to record evidence against the workman before termination of his services. A show cause notice levelling allegation against him was served upon him on 7.10.1983. After the receipt thereof, he submitted his reply. After admission of the guilt by the workman, there was no necessity for holding the regular domestic inquiry against him. He approached the State Government for adjudication of the dispute under the provisions of the Industrial Disputes Act, 1947 (for short, `the Act'). In spite of the documentary evidence produced before the Labour Court, the workman was given the relief with regards to reinstatement with full back-wages and continuity of service. The impugned award is liable to be set for the reasons as embodied in this petition. I have heard the learned counsel for the parties, besides perusing the findings returned by the learned Presiding Officer, Labour Court with due care and circumspection. On 17.5.1988, this Court passed the order in the following terms in C.M. No.1428 of 1988 in this writ petition:- “After considering the matter, it is ordered that the petitioner- society would either tack back the workman in service and pay the wages from the date of the award of the Labour Court till reinstatement or pay wages in terms of Section 17-B of the Industrial Disputes Act, 1947. Arrears to be paid within two months from today and in future it should be paid every month regularly.” Learned counsel for the petitioner stated at the bar that the C.W.P. No.1092 of 1987 -3- respondent- workman has been reinstated with continuity of service and back-wages have also been received by him. Thus needless to say, this petition has become infructuous. As such, it is dismissed. November 07, 2008 ( HARBANS LAL ) renu JUDGE