- (1.) THIS is a petition under Article 226 of the Constitution of India for issuance of a writ of certiorari quashing the award dated 9-7-1990, copy Annexure P/4, of the Presiding officer, Labour Court, Union Territory, Chandigarh, whereby the Labour Court has held the termination of the service of the respondent-workman as illegal. The Labour Court has further held that respondent-workman is entitled to reinstatement with effect from 11th August, 1987 with the benefit of continuity of service. However, the Tribunal directed that respondent-workman will only be entitled to 50 per cent of the back wages.
(2.) ADMITTEDLY the services of the respondent-workman have been terminated by the petitioner management on the ground that the respondent-workman absented from duty. It has been authoratitively held by the Supreme Court in Jai Shanker v. State of Rajasthan, A. I. R 1966 S. C. 492 that termination of the service on the ground of absence from duty amounts to mis-conduct. If the services have been terminated on the ground of mis-conduct it was incumbent upon the management to serve a chargesheet and hold a regular enquiry against the workman. No such enquiry was held Therefore, plainly the order of termination of service is contrary to the provisions of the Standing order and the principles of natural justice
(3.) LEARNED counsel for the management has not been able to show how the order of the Labour Court suffers from any legal defect. He has not been able to distinguish the judgment of the Supreme Court wherein it is held that termination of service on the ground of absence from duty amounts to mis conduct The only contention of the learned counsel for the management is that the managment has not terminated the services of the respondent-workman but it is a case of abandonment of duty. I am afraid this is not the conrrect factual position. According to the stand in the written statement as well as according to the arguments raised before the Labour Court it is clear that services of the respondent-workman were terminated on the ground of absence from duty. Termination of service on the ground of absence from duty constitutes termination by mis-conduct No termination is permissible on the ground of mis-conduct unless proper enquiry is held according to the principles of natural justice.;