Civil Writ Petition No.3929 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.3929 of 2008 Date of decision: March 14, 2008 Bharat Singh … Petitioner Versus General Manager, Haryana Roadways & another. … Respondents CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Hari Om Attri, Advocate for petitioner. KANWALJIT SINGH AHLUWALIA, J. In the present writ petition, Annexure P-1, award of the labour Court has been impugned. Workman petitioner was employed by the respondent as a driver on 19th May, 1988 through employment exchange, his services were terminated on 3rd January, 1989 on the ground that the staff was surplus. Later on, he was re-appointed on 6th January, 1989 and he joined his services on 10th January, 1989. These facts have been pleaded by respondent management in their written statement (Annexure P-3) to the claim petition of the respondent (Annexure P-2). The learned labour Court came to the conclusion that the issue whether domestic inquiry conducted by the management was just and proper, was treated as a preliminary issue and on 21st September, 2005, it was held that the domestic inquiry conducted against the workman was fair, proper and just. The inquiry was conducted by the management Civil Writ Petition No.3929 of 2008 2 as workman remained absent from duty from 13th August, 1995 to 11th August, 1996. It was found in inquiry that workman had neither applied for leave, nor he was granted any prior permission. It was also held while deciding the preliminary issue that the show cause notice was served upon the workman. Thereafter, personal hearing was afforded to him and he had opted not to examine any defence witness to justify his claim that he absented on account of long illness. Learned labour Court held that findings on the issue No.1, which was treated as preliminary, no challenge was made. Furthermore, it also noticed that against the order of dismissal passed after holding due inquiry, workman had filed an appeal before State Transport Commissioner, Haryana, same was dismissed and he had also availed alternative remedy available to him. In the present writ petition, except a bald statement that the petitioner remained absent due to illness, no documents/ medical certificate has been placed on record to justify the plea of illness. Learned labour Court has rightly held that the inquiry was fair, proper and just. Domestic inquiry was held and order of termination was valid. We find no reason to differ with the findings of learned labour Court, which are just and appropriate. Hence, there is no merit in the present writ petition and same is dismissed. [Kanwaljit Singh Ahluwalia] Judge [Ashutosh Mohunta] Judge March 14, 2008. rps