G.S. Sandhawalia, J. - (1.) THE challenge, in the present writ petition, is to the award dated 18.2.2014 (Annexure P3), whereby a sum of Rs. 50,000/ - has been awarded as compensation to the workman, which was to be paid within 45 days of the publication of the award, failing which he has been held entitled to the interest at the rate of 6% per annum.
(2.) COUNSEL for the petitioner has vehemently argued that the amount is very paltry and the workman has been in litigation since June 1985 from the date his service had been terminated. Perusal of the paper book would go on to show that the workman was working as an Operator and was drawing a salary of Rs. 590/ - per month from 24.5.1981 till June 1985 when his service was terminated. Initially, the Labour Court had declined the reference on the ground that there was a dispute as to when the termination order was passed 8.6.1985 on 25.6.1985. The said award was set aside by this Court vide judgment dated 8.11.2013 (Annexure P2), passed in Civil Writ Petition No. 3292 of 1992 and the matter was remanded back for deciding it afresh on merits. Resultantly, the impugned award has been passed on 18.2.2014.
(3.) THE Labour Court has found that the petitioner was charge -sheeted on 24.1.1985 and the Enquiry Officer was appointed. The workman did not participate in the enquiry proceedings though notice of the proceedings had been published in the newspaper. An FIR under Section 457 & 380 IPC had also been lodged against him of which he had been acquitted. The finding has been recorded that the Enquiry Officer acted in a fair and proper manner by giving proper notice to the petitioner by way of publication in the newspaper to appear before him and enquiry proceedings could not be termed as improper, unfair and illegal. The workman had also requested for change of Enquiry Officer which was disposed of vide order dated 27.3.1985. However, the Labour Court had given the benefit under Section 11A of the Industrial Disputes Act, 1947 (In short "the Act") on the ground of acquittal and has awarded compensation to the tune of Rs. 50,000/ - after taking into account that he had only four years of service to his credit and at the time of termination.;