J.M. Tandon, J. - (1.) Ram Kishore Goel respondent was employed as a Clerk with the petitioner - Haryana Agro Industries Corporation Limited. His services were terminated on March 7, 1972. He raised an industrial dispute and the following reference was made to the Industrial Tribunal under section 10(l)(c) of the Industrial Disputes Act (hereinafter the Act):- "Whether the termination of services of Shri Ram Kishore workman is legally justified ? If not, to what relief he is entitled - The petitioner contested the proceedings before the Industrial Tribunal who vide award dated Sept. 29, 1976 (Annexure P. 1) held that the termination of services of Ram Kishore was legally justified. It was further held that the punishment awarded to him was not justified. The Industrial Tribunal, however, in exercise of powers given under section 11A of the Act awarded the punishment of erasure to the workman and further directed his reinstatement without back wages. The past service of the workman was not to be counted for benefits except that it was to be treated as leave without pay. It is against this award that the present writ petition is directed.
(2.) Ram Kishore Goel, who is the only contesting respondent, has not put in appearance.
(3.) The only point argued by the learned counsel for the petitioner is that the Industrial Tribunal having found that the termination of services of the workman was legally justified had no jurisdiction to exercise the power under section 11 - A of the Act In my opinion, the contention must prevail. Sec. 11 - A of the Act reads:- "11 - A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen. - Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may required; ;