- (1.) The workman has filed the instant Letters Patent Appeal challenging the order dated 21.9.2011 passed by the learned Single Judge, whereby the writ petition (CWP No.17785 of 2009) filed by him for quashing the award of the Labour Court dated 24.3.2009, answering the reference against the workman by holding that his dismissal from service was perfectly legal and valid, has been dismissed.
(2.) After hearing the learned counsel for the appellant and going through the award of the Labour Court as well as the impugned order passed by the learned Single Judge, we do not find any merit in the appeal.
(3.) The appellant was working as a Conductor in Punjab Roadways. In the year 2000, he was charge-sheeted for embezzling the ticket amount. In the departmental enquiry, he was given full opportunity to defend himself and was found guilty of the allegations. On the basis of the enquiry report and after providing opportunity of hearing to the workman, he was dismissed from service on 30.4.2002. On the industrial dispute having been raised by the appellant, the matter was referred to the Labour Court. The Labour Court, after considering the evidence led by the parties, came to the conclusion that the respondents had conducted fair and proper enquiry against the workman. He was provided full opportunity to lead evidence, cross-examine the witnesses and to put forward his defence, and thereafter, the Enquiry Officer decided the issue against the workman. It was further found that after receipt of the enquiry report, a show-cause notice was served by the Punishing Authority and after agreeing with the findings of the Enquiry Officer, the order of punishment was passed. The departmental appeal filed by the workman was also dismissed.;