CWP No. 18998 of 1997 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 18998 of 1997 Date of decision July 30, 2009 Hindu College for Girls, Sonepat through its Principal ....... Petitioner Versus Presiding Officer, Industrial Tribunal-cum-Labour Court, Rohtak and another. ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Saurabh Goel , Advocate for the petitioner. Mr. Ashwani Gaur, Advocate for respondent No. 2. **** 1. Whether reporters of local newspapers may be allowed to see the judgment ? Yes 2. To be referred to the reporters or not? Yes 3. Whether the judgment should be reported in the digest? Yes K. Kannan, J (oral). 1. The direction for reinstatement wasmade by the Labour Court on a claim by a workman who was a chowkidar in a Girls Hostel. The charge against her was that she had permitted a non-relative of an inmate to visit on a false endorsement that the visitor was her own relative. The order removing her from service was challenged on the ground that there was no enquiry before the removal from service. 2. This is a case where a workman herself had admitted that she had made an endorsement treating the visitor as her relative and known to the inmate. In a case that involves the safety of inmates of a girls' hostel, the conduct of the workman was really open to doubt. She has however survived against the order of termination by the CWP No. 18998 of 1997 2 award on the ground that no valid enquiry had been conducted before taking a serious decision for termination of her services. 3. Having regard to the fact that the Management has lost confidence in the workman, who was expected to carry out a particular work that required reasonable rectitude and care, I do not think that it would be fair and proper to reinstate the workman. The case has been pending since the year 1997 and the Management has also to bear the consequences of terminating the services of the workman in the manner that did not accord with the principles of natural justice. 4. Taking note of the relevant circumstances, I am of the view that the adequate and appropriate remedy shall be to compensate her for the loss of her employment which in my view, shall be Rs.75,000/-. The aforesaid amount shall be paid by the Management within a period of four weeks from the date of receipt of copy of the order failing which it shall bear simple interest at the rate of 7.5% per annum. 5. The award of the Labour Court is set aside and modified to the extent indicated above. 6. The writ petition is disposed of. No costs. (K. KANNAN) JUDGE July 30 , 2009 archana