IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No. 1650 of 2010 Date of Decision: December 3, 2010 Tara Chand and others …Appellants Versus Presiding Officer, Industrial Tribunal, Faridabad and another …Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON’BLE MS. JUSTICE RITU BAHRI Present: Mr. Shakun Chaudhary, Advocate, for Mr. Sukhdeep Parmar, Advocate, for the appellants. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal filed under Clause X of the Letters Patent is directed against judgment dated 21.12.2009 passed by the learned Single Judge upholding the award of the Labour Court, dated 8.11.1996 (P-1) whereby the services of all the three appellant-workmen have been terminated. The Labour Court had affirmed the decision of the management on the ground that misconduct was proved against them. The charge against these workmen was that they stopped the vehicle going towards the factory and they dragged the fellow workmen out of the vehicle in order to prevent them from attending their duty. When they refused to obey, they were severely assaulted resulting in head injuries to them. 2. We have perused the detailed order passed by the learned Single Judge and heard learned counsel for the appellant-workmen. We are of the view L.P.A. No. 1650 of 2010 that it is not possible to take a view different than the one taken by the learned Single Judge because neither any lacuna has been pointed out in the inquiry nor any legal infirmity in the view taken by the Labour Court and the learned Single Judge has been highlighted. The only argument raised is that since criminal case is pending the appeal be admitted. We are not impressed with the aforesaid argument because irrespective of the result of the criminal prosecution, the domestic inquiry has been held and the appellant-workmen have been found guilty of misconduct. There is, thus, no merit in the appeal and the same is hereby dismissed. (M.M. KUMAR) JUDGE (RITU BAHRI) December 3, 2010 JUDGE Pkapoor 2