- (1.) Heard the learned counsel for the parties. Respondent No. 3 is a workman and was employed in the petitioner's corporation on 15th May, 1982. The workman worked continuously for more than 5 years and his services was terminated by an order dated 20th September, 1987 on the charge of stealing a watch of his colleague. The workman, being aggrieved, raised an industrial dispute. The State Government referred the matter to the Labour Court with regard to the validity and legality of the order of termination.
(2.) The workman contended that no inquiry nor any charge-sheet was given to him before passing the order of termination. On the other hand, the Corporation took a stand that the Manager had conducted a preliminary inquiry and found that the charge stood proved. It was further contended that the workman also misbehaved with the Manager and, consequently, on this short ground also the workman's services was terminated. It was also contended that the workman was a daily wager and that no disciplinary inquiry was required for a daily wager.
(3.) The Labour Court, after considering the material evidence on record, gave an award dated 27th November, 1993, which was published on 22nd July, 2004 directing reinstatement of the workman with continuity of service and will full back wages. The petitioner, being aggrieved by the said award, has filed the writ petition in the year 2004, which was entertained and a complete stay of the award was granted.;