CWP No. 8743 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 8743 of 2010 Date of decision: 13.05.2010 Chandigarh Transport Undertaking ...... PETITIONER VERSUS Presiding Officer, Industrial Tribunal-cum-Labour Court, Chandigarh and another ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. T.P.S.Chawla, Advocate, for the petitioner. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that while passing the Award dated 21.07.2009 (Annexure P-5) although the Labour Court has held that the termination of the services of the petitioner is not in accordance with law as no departmental proceedings were initiated against him because of the mis-conduct i.e. absence from duty without leave, yet the department should have given an opportunity to initiate disciplinary proceedings against respondent No. 2-workman. By not doing so, the mis- conduct of respondent No. 2-workman has been condoned by the Labour Court by this Award. He contends that the Award passed by the Labour Court thus cannot be sustained. CWP No. 8743 of 2010 2 I have gone through the Award passed by the Labour Court. No such finding has been given by the Labour Court that the departmental proceedings cannot be initiated against respondent No. 2- workman. If the department so desires and decides, it will be at liberty to initiate departmental proceedings against respondent No. 2-workman in accordance with law. Petition stands disposed of with above observation. ( AUGUSTINE GEORGE MASIH ) JUDGE May 13, 2010 pj CWP No. 8743 of 2010 3