IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.10625 of 2009 Date of Decision:- 23.02.2010 Sukhwinder Singh ....Petitioner(s) vs. Presiding Officer, Labour Court, Amritsar and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.M.S.Bedi, Advocate, for the petitioner. Mr.G.S.Bal, Advocate, for the respondents. *** AUGUSTINE GEORGE MASIH, J. (Oral) Prayer in the present petition is for setting aside the Award dated 8.1.2009 (Annexure P-1) passed by the Labour Court, Amritsar vide which the reference has been answered against the workman. Counsel for the petitioner contends that the services of the petitioner were terminated by the respondent-Management without issuing any charge-sheet or holding a departmental enquiry and merely on the basis of report of the Vigilance Department, which according to the Management went against him. He contends that report of the Vigilance Department had also not been placed before the Labour Court and, therefore, the Award passed by the Labour Court dated 8.1.2009 cannot be sustained. Counsel for the respondent could not dispute the contention as raised by the counsel for the petitioner, however, he submits that as per the provisions contained under Section 11-A of the Industrial Disputes Act, C.W.P.No.10625 of 2009 -2- 1947 (for short the Act), the Management in a case where no enquiry is held before terminating an employee, would have a right to lead evidence to prove the misconduct on the part of the workman and, therefore, liberty may be granted to the Management to make an appropriate application before the Labour Court to raise such submission. I have heard counsel for the parties and have gone through the records of the case. Keeping in view the facts and circumstances of the case and in the light of the submissions made by the counsel for the parties, it would be just and appropriate that the Award passed by the Labour Court dated 8.1.2009 (Annexure P-1) is set aside and the case is remanded to the Labour Court for a fresh decision by granting liberty to both the parties to lead their respective evidence. The Management shall also have the liberty to move an appropriate application under Section 11-A of the Act. The Labour Court shall consider the same and decide in accordance with law. In the light of the above, Award dated 8.1.2009 (Annexure P-1) passed by the Labour Court is hereby set aside. The parties are directed to appear before the Labour Court, Amritsar on 26.3.2010. Keeping in view the fact that the matter is old one, it shall be appreciated if efforts are made by the Labour Court to decide the same expeditiously. Copy of the order be given dasti to counsel for the parties. February 23, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE