G.S.SANDHAWALIA J. - (1.) THE present writ petition, filed by the workman, is directed against the award dated 02.12.1991 (Annexure P6) wherein the relief of back wages to the workman have been denied though he was held to be entitled for reinstatement. It is pertinent to mention here that the said award was also challenged by the Management by way of CWP No.4717 of 1992 which was dismissed on 29.05.1992.
(2.) PERUSAL of the award passed by the Labour Court would show that petitioner was working as a Clerk in the Central Cooperative Bank Ltd. Mandi Gohindgarh since January, 1980 and was drawing Rs.1100/ - per month. He was removed from service on 21.02.1986. It was his case that the chargesheet served upon him was illegal and therefore, the enquiry proceedings were also vitiated. The Management, on the other hand, took the plea that the workman had wilfully absented himself from duty and accordingly, chargesheet was served upon him and enquiry proceedings were conducted and it was proved that he was running a private business under the name, M/s Peerless Finance Corporation and was earning better wages.
(3.) IN support of their case, the Management examined Joginder Singh, enquiry officer, Avtar Singh Bedi, Senior Accountant and one Ashok Kumar Gupta, Establishment Clerk whereas, the petitioner examined himself to take the plea that his absence was on account of illness of his mother and he had submitted his leave application but the same was not sanctioned and he was suspended on 22.11.1986.;