IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 6587 of 2009. Date of Decision : April 30, 2009. Varinder Singh son of Shri Darshan Singh, House No. 29/6, Subhash Nagar, Pipliwala Town, Mani Majra, Chandigarh. ....... Petitioner. Versus. The New India Assurance Co. Ltd., through its Senior Manager, Regional Office, S.C.O. No. 36-37, Sector-17-A, Chandigarh, and another. ....... Respondents. CORAM:HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. G.S. Bhatia, Advocate, for the petitioner. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present writ petition, the challenge is to the award dated 06.12.2007 (Annexure-P-14), vide which the reference has been answered against the workman by the Central Government Industrial Tribunal-cum- Labour Court-II, Chandigarh, on the ground that the inquiry proceedings held against the workman was in accordance with the rules governing the service and that the order of termination of the workman was fully justified and in accordance with law. Counsel for the petitioner contends that the workman was unable to attend inquiry proceedings primarily because of his ill health and thereafter, due to disability. While joining duty, he was disabled and during the inquiry proceedings, he met with an accident which further aggravated the situation leading to his non attendance of inquiry proceedings. He further contends that the workman has worked for five years with the respondent- C.W.P. No. 6587 of 2009. Bank before his termination was ordered and therefore, some compensation may be granted keeping in view the disability of the workman. I have heard counsel for the petitioner and have gone through the records of the case. The Labour Court has elaborately dealt with the inquiry proceedings held by inquiry officer. Whenever the workman had sought adjournment or was unable to appear before the inquiry officer, the inquiry officer had initially adjourned the case. The Management has been able to prove by documentary evidence which is in the form of copy of notice and postal receipts wherein the workman had been fully informed and given opportunity to defend himself before the inquiry proceedings. Despite efforts by the Management and granting sufficient opportunity to the workman to defend himself, the inquiry officer thereafter, proceeded and decided the inquiry proceedings on the basis of evidence led by the Management, holding the charges against the workman to have been proved. Counsel for the petitioner is unable to point out any document or any averment to the effect in the award that the workman because of his ill health, was unable to attend the inquiry proceedings. Nothing has been placed on record which would substantiate the contention raised by counsel for the petitioner that indeed he had informed about his medical situation. In any case, the requirement of law is giving opportunity to a delinquent employee to defend himself before the inquiry proceedings. The Management has been able to prove by oral and documentary evidence that this opportunity was fully granted to him. The finding, therefore, as recorded by the Labour Court, does not call for interference by this Court. It would not be out of way to mention here that the charge against the -2- C.W.P. No. 6587 of 2009. workman was absence from duty and the workman was absent for 309 days for the period December, 1991 to April, 1994, and thereafter for 214 days during the period May, 1994 to December, 1995. In this view of the matter, the award passed by the Central Government Industrial Tribunal-cum-Labour Court-II, Chandigarh, is in accordance with law and therefore, does not call for interference by this Court and the present writ petition stands dismissed. (AUGUSTINE GEORGE MASIH) JUDGE April 30, 2009. sjks. -3-