IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 4781 of 2009. Date of Decision : March 26, 2009. Varinder Pal. ...... Petitioner. Versus. Presiding Officer, Industrial Tribunal-cum-Labour Court, Chandigarh, and another. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Surender Lamba, Advocate, for the petitioner. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present writ petition, the challenge is to the award dated 02.09.2008 (Annexure-P-2), passed by the Industrial Tribunal-cum-Labour Court, Chandigarh, vide which the reference has been answered against the petitioner-workman. Counsel for the petitioner-workman contends that the workman was not given an opportunity to participate in the inquiry and the principles of natural justice was not complied with. He contends that on the date, the inquiry was fixed, the petitioner-workman was admitted in a Government hospital and therefore, could not come present on the said date . He contends that the petitioner-workman has put in more than 20 years of service but the same has also not been taken into consideration while passing the order of C.W.P. No. 4781 of 2009. termination against the petitioner-workman. He contends that the award, therefore, passed by the Labour Court, is not sustainable. I have heard counsel for the petitioner and have gone through the records of the case and the impugned award as well. A perusal of the records would show that the petitioner-workman, who is a Conductor, was on duty on 03.01.1996 on bus No. 1218 (Express) in route Delhi to Chandigarh. The bus was checked at Namaste Chowk, Karnal by Shri Budh Ram, Sub Inspector, Shri Ved Prakash, Inspector, and Shri Churu Ram, Sub Inspector. It was detected that the petitioner-workman has charged Rs. 200/- from four passengers travelling from Panipat to Chandigarh, but he did not issue the tickets. The checking staff demanded the way bill from him, but he refused to hand over the same. Unpunched tickets were called from the petitioner-workman but he gave the punched tickets and did not put his signatures on the return memo. The driver of the bus switched off the lights when the checking staff tried to check the bus with the help of battery. The petitioner-workman with the help of one passenger snatched the battery. Thereafter, on the way many times he stopped the bus and stated that he was the controller of the bus and tried various times to alight the checking staff from the bus. He used foul language with the inspectors and misbehaved with them. On these allegations, a chargesheet was issued to the petitioner- workman to which he failed to respond. Left with no option, the Enquiry Officer was appointed. In the meantime, the petitioner-workman was transferred to Chandigarh Depot as the fate would have it, the services of the petitioner-workman were terminated for another departmental inquiry which was going on against him, however, an appeal was preferred by the petitioner-workman, and he was reinstated in service. On his reinstatement, -2- C.W.P. No. 4781 of 2009. a fresh Enquiry Officer was appointed. The Enquiry Officer was appointed on 07.07.1999. The Enquiry Officer addressed a letter for holding an inquiry on 21.07.1999. The said notice was served upon the petitioner- workman and he accepted that personally. The Enquiry Officer, thereafter, issued summons to the petitioner-workman on 09.07.1999, which was duly received by him. The date fixed in the inquiry was 30.07.1999, but the petitioner-workman failed to join the inquiry proceedings despite summons. The Enquiry Officer proceeded ex-parte against the petitioner-workman and the evidence of the inspecting staff was recorded on the said date. No explanation whatsoever or a request for an adjournment for non participation in the inquiry , was submitted by the petitioner-workman to the Enquiry Officer. On the report submitted by the Enquiry Officer, the petitioner- workman was issued a show cause notice. To this show cause notice, the petitioner-workman submitted a detailed explanation. Having not been satisfied with the reply submitted by the petitioner-workman, the services of the petitioner-workman were terminated, vide order dated 29.09.1999. It would not be out of way to mention here that the petitioner-workman was asked to appear before the punishing authority on 27.09.1999 but he failed to appear on the said date for personal hearing. An appeal was preferred by the petitioner-workman before the appellate authority wherein the petitioner- workman had taken a stand that he was admitted in the Government hospital at Bhuna from 06.07.1999 to 30.07.1999, and he produced medical certificate thereof. The authority got the verification of the medical certificate done from the health authorities, who vide their letter dated 29.03.2000 stated that the certificate submitted by the petitioner-workman was a forged one. In these situations, the appeal of the petitioner-workman -3- C.W.P. No. 4781 of 2009. was dismissed by the appellate authority. A dispute was raised before the Labour Court leading to the passing of the award dated 02.09.2008, which is impugned herein. The Labour Court on the basis of the pleadings and evidence led by the parties has come to a definitive conclusion that there was no justifiable reason for petitioner-workman to have not participated in the inquiry and the inquiry was held in accordance with the principles of natural justice and the rules governing thereof. The Labour Court has also taken into consideration the fact that during cross-examination, the petitioner- workman has admitted that his increments were stopped 16 times, vide different orders during his service. He also admitted that his service was terminated in one another case during this period. In this view of the matter, the findings as recorded by the Labour Court, cannot be faulted with. No illegality can be said to have been committed by the Labour Court while passing the impugned award dated 02.09.2008 (Annexure-P-2). Finding no merit in the present writ petition, the same stands dismissed. (AUGUSTINE GEORGE MASIH) JUDGE March 26, 2009. sjks. -4-