S.S. Nijjar, J. - (1.) IN this petition under Articles 226/227 of the Constitution of India, the petitioner seeks modification of the award dated 26.10.1983 passed by the Presiding Officer, Labour Court, Ludhiana wherein while reinstating the workman with continuity of service, he has been denied the back wages.
(2.) THE petitioner was employed as a Conductor with the Punjab Roadways from 3.9.1969. He was placed under suspension while he was working at Ludhiana depot. He was subsequently reinstated. The petitioner was issued a charge - sheet on 3.12.1975, which is as follows : - "On 25th July, 1975 while you were on duty with bus No. 3427 on Ludhiana - Nawanshehr via Rahon route, it was checked by the Central Flying Squad at Nehru Gate, Nawanshehr. On checking, it was found that you had collected the fare money from a few passengers and issued no ticket to them. Thus, you had pocketed the government money to the tune of Rs. 16.55 and misbehaved with the checking staff. Your conduct was found unsatisfactory while on duty." On the basis of the enquiry report, the services of the petitioner were terminated by order dated 1.12.1980. He filed an appeal to the Commissioner, Municipal Corporation, Ludhiana but the same was dismissed. The petitioner served a demand notice on respondent Nos. 3 and 4. After failure of the conciliation proceedings the matter was referred to the Labour Court for adjudication of the reference under Section 10 of the Industrial Disputes Act, 1947. The reference is as follows : - "Whether termination of services of Shri Surinder Paul, workman is justified and in order ? If not, to what relief/exact amount of compensation is he entitled ?
(3.) AFTER completion of the pleadings, the Labour Court framed the following issues : - (i) Whether there was a fair and proper enquiry ? (ii) Whether termination of services of the workman is justified and in order? (iii) Relief.";