V.K.BALI, J. - (1.)Challenge in this appeal filed under Clause X of the Letters Patent is to the judgment of learned single Judge recorded in Civil Writ Petition bearing No. 5392 of 1982, dated August 30, 1991, vide which learned single Judge, while allowing the writ petition aforesaid, set aside the award dated December 3, 1980, of the learned Labour Court.
(2.)Brief facts of the case culminating into filing of this appeal- reveal that appellant Munshi Rain (hereinafter referred to as the workman) was appointed as Octroi Moharir by the Municipal Committee, Sirsa, vide order, dated July 21, 1979. His services were terminated on March 12, 1980. Constrained, the workman successfully sought reference under Section 10(l)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The Government made a reference for adjudication of the following issue by the concerned Labour Court:
"Whether the termination of services of Sri Munshi Ram was justified and in order? If not, to what relief is he entitled?"

(3.)In a statement of claim, the workman, inter alia, pleaded that he was appointed on probation on July 21, 1979 and was alleged to be found negligent for the incident occurred on March 11, 1980. No enquiry was held against him with regard to alleged negligence or unsatisfactory work. No chargesheet was ever served upon him and an order of termination came to be passed straightaway. He also pleaded that persons junior him had since been retained. With a view to fortify the same, he named Kishan son of Sonu Ram and Subhash son of Jetha Nand, Octroi Moharirs, who were appointed after him and had since been retained in service. In reply to the statement of claim, respondent-management, inter alia, pleaded that the work done by the workman was not satisfactory and he was also found negligent on March 11, 1980, when the Administrator came to make a spot checking at the octroi post where the workman was discharging his duties. It was also pleaded that his work was not satisfactory and, therefore, his services were terminated vide order, dated March 12, 1980, which was in accordance with the conditions of his appointment. In the resultant trial on the basis of the pleadings of the parties on the question referred to by the Government, parties led evidence. MW1 Sri Ramji Lai clearly deposed that the workman had been working as Octroi clerk and his services were terminated by the Administrator Shri Mohinder Kumar on March 12, 1980, when he was found negligent in his duties on March 11, 1980, when the Administrator inspected the octroi post as the workman was found to have passed without charging octroi fee and his cash collection was found in excess of Rs. 15.80 paise. In his cross- examination, MW1 Ramji Lal admitted that the workman was not served with any show-cause notice, nor any enquiry was held.