- (1.) The Management (Punjab National Bank) has filed the instant Letters Patent Appeal against the order dated 22.11.2011, passed by the learned Single Judge, whereby Civil Writ Petition No. 21606 of 2011 filed by the appellant Management challenging the Award dated 11.4.2011 passed by the Central Government Industrial Tribunal-cum-Labour Court-I, Chandigarh (which was notified on 30.5.2011), ordering re-instatement of the services of the workman (respondent No.2 herein) along with all the consequential benefits, has been dismissed.
(2.) After hearing learned counsel for the appellant Management and going through the impugned order as well as the Award passed by the Labour Court, we do not find any merit in this appeal.
(3.) In this case, the respondent workman was removed from service on the basis of departmental enquiry on the charges of his having been absent from duty. He raised industrial dispute, which was referred to the Labour Court for adjudication. The question before the Labour Court was whether the workman was unauthorisedly absent from duty with effect from 14.5.2002 to 11.7.2002 and whether the punishment of his removal from service on the aforesaid charge was justified in the facts and circumstances of the case. The Labour Court, after considering the evidence led by the parties and giving detailed reasons, came to the conclusion that report of the Enquiry Officer as well as decision of the disciplinary authority awarding the punishment of removal from service was perverse. The Labour Court found that the Management had made interpolation in the Attendance Register and was guilty of changing letter 'L' to 'A'. It was also noticed that in spite of the direction given to the Management to produce the original Attendance Register, the same was not produced. In view of these facts, an adverse inference to the effect that the workman was on duly sanctioned leave during the alleged period of absence was also drawn against the Management.;