C.W.P. No.6101 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.6101 of 1992 Date of Decision: 19.04.2011 Thakur Singh …Petitioner Versus President, The Bakhopir Cooperative Service Society Ltd. and another. …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Ms. Shikha Sharma, Advocate for the petitioner. None for the management-respondent. *** AJAY TEWARI, J. (ORAL) This petition has been filed against the award of the Labour Court dated 25.03.1991 whereby the Labour Court has declined to grant any relief to the petitioner-workman. The petitioner was working as a Salesman with the respondent No.1-society. He had committed mis-appropriation of the funds of the respondent No.1-Society and the case was registered C.W.P. No.6101 of 1992 -2- against the workman in the police station. His services were terminated on 16.09.1984. The learned Labour Court after going through the direct evidence of MW-1 and MW-2 came to the conclusion that the petitioner had indeed committed the embezzlement of the funds of the respondent No.1-Society. Learned counsel for the petitioner has placed reliance in the matter of Des Raj v. Industrial Tribunal, Lucknow, SC 1990 LIC, 1892, wherein the Hon’ble Supreme Court has held that in case where no enquiry is held against the workman and the dismissal is upheld on the basis of evidence led before the Court, the dismissal takes effect from the date of award and not from the date the order was passed by the management. She has further stated that since the dismissal has been upheld after taking the evidence in Court the same would be effective only from the date of the award. In my considered opinion, no fault can be found with the order of the Labour Court upholding dismissal of the petitioner from services but that should be operative only from the date of award. Ordered accordingly. Petition stands disposed of. ( AJAY TEWARI ) April 19, 2011 JUDGE ashish