IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 17706 of 2008. Date of Decision : March 05, 2009. Punjab Roadways, Nawanshahr, through General Manager and another. .... Petitioners. Versus. Chaman Lal and another. ... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Ms. Monika Chhibbar, Assistant Advocate General, Punjab, for the petitioners. None for the respondent No. 1. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present writ petition, the challenge is to the award dated 10.01.2008 (Anneuxre-P-1), passed by the Industrial Tribunal, Punjab, Chandigarh, vide which the reference has been answered in favour of the workman holding therein that the impugned order of stoppage of annual grade increments with cumulative effect against the workman, vide order No. 7232-35/St./G.M., dated 18.07.1996 and order No. 2357-58/St./G.M., dated 05.03.1997 is not in accordance with law, therefore, he is entitled to the benefit from the date of demand notice with consequential benefits. C.W.P.No. 17706 of 2008. Counsel for the petitioner-management contends that the inquiry file has been produced by M.W.1 Shri Paramjit Singh Kajla, Dealing Assistant, and has also filed an affidavit in support of his contention on the basis of the records. The Labour Court has proceeded not to take into consideration the inquiry file tendered in evidence on the ground that no evidence has been produced to prove the inquiry proceedings before the Labour Court, and therefore, the same was not admissible in evidence. She contends that the document as such could not have been rejected merely on the ground that no evidence was produced to prove the inquiry proceedings. She contends that the inquiry held against the respondent-workman is not disputed by him, what is disputed by him is that he was not given proper opportunity of hearing violating the principles of natural justice. She contends that without going into this aspect of the matter, the Labour Court has proceed to discard the inquiry and the evidence led by the management. None has put in appearance on behalf of respondent No. 1. I have heard counsel for the petitioner-management and have gone through the impugned award. The reasons as given by the Labour Court while overlooking the evidence with regard to the inquiry file is totally misplaced. The inquiry as held by the Inquiry Officer, is not in dispute, therefore, the document was not disputed. What was asserted before the Labour Court was that the respondent-workman has not been given proper opportunity to defend himself during the inquiry proceedings, thus, violating the principles of natural justice, and therefore, the inquiry held against him was not fair and proper nor in accordance with law. That being the position, findings as recorded by the Labour Court in para-16 of the award, cannot be sustained -2- C.W.P.No. 17706 of 2008. and is hereby set aside. Accordingly, the impugned award dated 10.01.2008 (Annexure-P-1) impugned herein, is set aside. The matter is remanded back to the Labour Court for fresh adjudication, as per the observations made above in accordance with law. The parties are directed to appear before the Industrial Tribunal, Punjab, Chandigarh, on 30.03.2009. The present writ petition stands disposed of accordingly. (AUGUSTINE GEORGE MASIH) JUDGE March 05, 2009. sjks. -3-