B.S.CHAUHAN, J. - (1.) THIS writ petition has been filed for setting aside the Award passed by the Labour Court dated 13th November, 1995, by which the learned labour court has quashed the order of removal from service of respondent workman in spite of proving all the 15 charges against him, on the ground that his family members would suffer and directed for reinstatement of the workman with all consequential benefits except the back wages.
(2.) FACTS and circumstances giving rise to this case are that the respondent workman raised the industrial dispute and the appropriate Government vide order dated 5.6.1992 made a reference as to whether termination of the services of the workman w.e.f. 8.3.1977 was in accordance with law, and if not, to what relief he was entitled to? in pursuance of the said reference the workman filed the claim petition submitting that he had been employed as a clerk on daily wage w.e.f, 3rd December, 1973 and he was issued a charge -sheet dated 18/20th September, 1976, containing 15 charges. Enquiry was conducted which was not in accordance with law. He had not been given any opportunity to defend himself nor the copy of the statement of the witnesses had ever been supplied to him and vide order dated 8.7.1977 his services had illegally been terminated. Allegations of mala fide were also alleged as the workman had been office bearer of the Union. The management contested the case submitting that charges against the workman had been very serious. Enquiry had been conducted in accordance with law and his removal from service was justified and there was no occasion for the labour court to interfere. However, in view of the pleadings parties were heard and the labour court came to the conclusion that the disciplinary enquiry conducted against the workman was not in accordance with law, and therefore, the order of the termination stood vitiated. In view of the provisions of the Industrial Disputes Act, 1947 (hereinafter called the Act, 1947) parties were permitted to lead the evidence, and after appreciating the same the labour court was satisfied that the management proved all the 15 charges against the workman successfully. It came to the conclusion that some of the charges were of really grave nature and delinquency of the workman was very grave, but considering the fact that he had served for some time and he was unemployed after termination from service, the labour court set aside the order of termination and directed for reinstatement of the workman with all consequential benefits except the back wages. Hence this petition.
(3.) SHRI Ranjit Saxena, learned counsel for the petitioner has submitted that whatever may be the fate of the domestic enquiry held by the management against the workman, once the labour court after holding enquiry itself came to the conclusion that all the charges stood proved, there was no occasion for the labour court to interfere with the punishment.;