SUNIL KUMAR Vs. PRESIDING OFFICER, LABOUR COURT, AMBALA AND ANOTHER
LAWS(P&H)-2012-9-271
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 17,2012

SUNIL KUMAR Appellant
VERSUS
Presiding Officer, Labour Court, Ambala And Another Respondents

JUDGEMENT

- (1.) The workman has filed this writ petition under Articles 226 and 227 of the Constitution of India with a prayer for quashing the award dated 10.7.2000 (Annexure P1) passed by the Labour Court, whereby the reference made by the Government with regard to justifiability of the termination of the services of the workman by the management was answered against the workman.
(2.) I have heard the learned counsel for the parties and gone through the impugned award.
(3.) In this case the workman was working as Helper with respondent No.2 company and was performing the duties of Electrician-cum-Generator Operator. On 30.8.1993 his services were terminated on the basis of the enquiry report submitted by the Enquiry Officer. The domestic enquiry was held against the petitioner on the allegation that due to his negligence the generator set was damaged as it was started without checking the oil and water level which resulted into huge loss to the management. It has been held by the Labour Court that the domestic enquiry conducted by the management in which the alleged misconduct was proved, was fair and proper. In the said enquiry, due opportunity of hearing was provided to the petitioner to defend himself and after supplying the copy of the Enquiry Report and providing opportunity of hearing his services were terminated.;


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