S.S. Nijjar, J. - (1.) THIS petition under Articles 226/227 of the Constitution of India seeks quashing of the award dated 13.10.1997, Annexure P -1 and the order dated 20.8.1999, Annexure P -2, passed by the Presiding Officer. Labour Court, Ambala. by issuance of a writ of Certiorari or any other appropriate writ, order or direction.
(2.) RESPONDENT No. 1 (hereinafter referred to as "the workman"), was appointed as driver with petitioner No. 3 in the year 1981. While working as such, he absented from duty w.e.f. 20.9.1988. The workman was charge -sheeted under Rule 7 of the Haryana Civil Services (Punishment and Appeal), Rules, 1987. A departmental enquiry was conducted against the workman. The charges were found to be proved. The Punishing Authority agreed with the findings of the Enquiry Officer. Show -cause notice was issued to the workman on 23.8.1989 proposing punishment of termination of service. The workman submitted his reply to the show -cause notice on 13.9.1989. He was also given personal hearing on 25.7.1990. The workman made a plea of mercy and stated that if the punishment is kept in abeyance, he will show an improvement in his conduct to the petitioners. Consequently, the punishment imposed on the workman was kept in abeyance. However, on 28.8.1990, he again remained absent without permission/leave. Thus, on 5.11.1990, services of the workman were terminated. The workman filed an appeal on 3.4.1991. This appeal was not decided for almost a period of three years, compelling the workman to file Civil Writ Petition No. 7655 of 1994. On 3.6.1994, this Court directed petitioner No. 1 to decide the appeal within a period of two months from the date of copy of the order received by him. Hence, the appeal was decided vide order dated 15.8.1994. The appeal was dismissed. The workman again filed Civil Writ Petition No. 15643 of 1994, challenging the order passed in appeal. However, the workman was relegated to the remedy available under the Industrial Disputes Act. Hence, respondent No. 1 served a demand notice before the Labour -cum -Conciliation Officer, Ambala. The dispute was ultimately referred to the Labour Court, Ambala, vide reference No. 258/96, for adjudication. The Labour Court, Ambala, proceeded ex -parte against the petitioners on 3.2 -1997. Thereafter, the Labour Court decided the reference ex -parte against the petitioners by award dated 13.10.1997. The workman was reinstated with continuity of service and full back -wages. The petitioners moved an application on 12.2.1998 for setting aside ex -parte award. This application was dismissed by order dated 20.8.1999.
(3.) LEARNED counsel for the petitioners submitted that an application for setting aside the ex -parte award was presented within a period of 30 days, i.e. 12.2.1998 after award came to the notice to the petitioners on 15.1.1998. It is not denied that the award was published in the official gazette on 22.12.1997. It is, however, pleaded that the petitioners came to know about the award dated 13.10.1997 only when the workman presented an application on 15.1.1998 for implementation of the award. It is also submitted by the learned counsel that application dated 12.2.1998 could not be taken up for hearing as the officer was under transfer. It is, therefore, submitted that no fault lies with the petitioners in not moving the application within stipulated period. Learned counsel further submitted that even if the ex -parte award is to he upheld, it is still required to be modified to the extent that the workman, in view of the proven misconduct, was not entitled to the grant of full back wages.;