S.S. Nijjar, J. - (1.) THIS petition under Articles 226/227 of the Constitution of India seek issuance of a writ of Certiorari quashing the interim award dated 20.10.1998, Annexure P -4 and the final award dated 3.3.1999, Annexure P -5, made by the Industrial Tribunal -cum -Labour Court, Gurgaon (hereinafter referred to as the Tribunal).
(2.) ACCORDING to the claim statement, workman -petitioner was appointed as a Sweeper w.e.f. 8.11.1978 with M/s. Indian Drugs and Pharmaceuticals Limited, Dundahera Industrial Complex (Udyog Vihar), Gurgaon. His services were abruptly terminated w.e.f. 4.4.1987. The workman -petitioner was drawing wages at the rate of Rs. 1450/ - P.M. It is alleged that the services of the workman -petitioner have been terminated without giving any opportunity to defend himself. He has also not been paid any compensation as required under Section 25 -F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). On 7.10.1988, the workman -petitioner served a demand notice on respondent No. 2. On 22.11.1988, the dispute raised by the workman -petitioner was referred by the State Government to the Industrial Tribunal -cum -Labour Court, Gurgaon. It was the plea of the management that the services of the workman - petitioner was terminated after holding proper enquiry. It was also stated that the workman -petitioner was habitual of remaining absent. He had been issued warning letters on several occasions. He had even been awarded punishment of censure. However, appointment of the workman -petitioner as Sweeper w.e.f. 8.11.1978 was admitted. Charge -sheet dated 18.1.1987 was -issued to the workman -petitioner. His reply was considered unsatisfactory. One Shri S.S. Parhar was appointed as Enquiry Officer. He submitted the enquiry report on 27.2.1987 and found the workman -petitioner guilty of the charges.
(3.) ON the pleadings of the parties, the Tribunal framed a preliminary issue as follows : -"Whether a fair and proper enquiry was conducted by the management against the petitioner -;