CWP No. 3422 of 1995 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 3422 of 1995 Date of Decision: 26.08.2010 Municipal Corporation, Ludhiana ...Petitioner Vs. The Presiding Officer, Labour Court & Anr. ...Respondents CORAM Hon'ble Mr.Justice Vinod K.Sharma Present: Mr.Veneet Yadav, Advocate, for the petitioner. Mr.V.G.Dogra, Advocate, for the respondents. --- Vinod K.Sharma, J . (Oral) The petitioner/Municipal Corporation has invoked the writ jurisdiction of this court under Articles 226 and 227 of the Constitution of India, for issuance of a writ in the nature of certiorari, for quashing the award dated 5.9.1994 passed by the learned Labour Court, vide which reference made by the Government under section 10(1)(c) of the Industrial Disputes Act, 1947 (for short the Act), was accepted and termination of Krishan Lal workman was set aside, and penalty of stoppage of two CWP No. 3422 of 1995 2 increments with cumulative effect, was passed. Admitted facts are, that a joint departmental inquiry was held against the respondent/workman and another employee Vinod Kumar. Inquiry Officer found both the officials to be guilty of the charges levelled against them. The Management accepted inquiry report and ordered removal of workmen. Both the workmen raised industrial dispute under section 10(1) (c) of the Act. The State Government in exercise of powers conferred under Section 10 of the Act, referred the matter for adjudication to the Labour Court Ludhiana. Learned Labour Court by way of two separate but identical awards, set aside the order of removal and imposed a punishment of stoppage of two increments with cumulative effect, by recording a finding that the punishment of removal from service was disproportionate to the charges proved, against them. Petitioner/Corporation filed two separate writ petitions challenging the awards i.e. one in favour of Vinod Kumar, and other in favour of the respondent workman. CWP No.3423 of 1995, filed against the award passed in favour of Vinod Kumar was dismissed by Hon'ble Division Bench of this court on 20.4.1995. Whereas, this writ petition was admitted, and award passed was stayed, subject to compliance of section 17-B of the Act. The petitioner being dissatisfied with the order passed by this court in CWP No.3423 of 1995, preferred special leave petition which was CWP No. 3422 of 1995 3 granted. The Civil Appeal No.1470 of 1996 was subsequently dismissed for want of prosecution. The order passed by the Hon'ble Division Bench of this court upholding the award in case of Vinod Kumar has attained finality. In view of the facts that identical and similar award has already been upheld by the Hon'ble Division Bench of this court, there is no scope for interference with the impugned award, as this court is bound by the order passed by the Division Bench of this Court. For the reasons stated above, this writ petition being devoid of any merit is dismissed. No costs. 26.08.2010 (Vinod K.Sharma) rp Judge