- (1.) Challenge in the present appeal under Clause X of the Letters Patent is to an order dated 12.02.2013 passed by the learned Single Judge of this Court, whereby the writ petition filed by the petitioner-appellant against the award of the Labour Court dated 16.04.2010 was dismissed. The review application filed by the petitioner-appellant was also dismissed on 10.10.2013. The said order is also subject matter of challenge in the present appeal. The services of the appellant as Store Keeper with respondent No.2 Pepsu Road Transport Corporation, Patiala were terminated on 27.11.1989. The appellant raised an industrial dispute challenging his removal inter-alia on the ground that the finding of the Inquiry Officer that there was shortage of store articles is not sustainable. The learned Labour Court vide award dated 26.02.1996 rejected the reference sought by the appellant. The writ petition bearing CWP No.5734 of 1997 filed by the appellant challenging such award was allowed by the learned Single Judge of this Court on 06.11.2009 by setting aside the order of removal after returning a finding that there is no scope for interference with the finding in relation to the misconduct as regards negligence. The learned Single Judge found that the punishment of removal of service is disproportionate to the misconduct, therefore, the matter was ordered to be considered by the Managing Director again to provide for such penalty as the rules admit of, which is less than punishment of removal from service.
(2.) In terms of the directions issued by the learned Single Bench, the competent authority passed an order on 16.04.2010, the relevant extract of which reads as under: "In compliance with the orders of the Hon'ble High Court, the matter is hereby re-considered. The charges leveled against the workman are of serious nature, which have been proved during the departmental enquiry and the learned Labour Court, UT, Chandigarh also upheld the order of punishment passed by the Corporation. Keeping in view the orders of the Hon'ble High Court dated 06.11.2009 as well as the order of the Hon'ble Division Bench dated 16.02.2010, the punishment of removal from service awarded to the workman vide order No.1330 dated 27.11.1989, is hereby reduced to that of reduction to the lower stage in time scale of Assistant Store Keeper and Shri Lakhmir Singh, workman/petitioner is hereby ordered to be reinstated in service with immediate effect. The petitioner will not be entitled to any back wages or any other service benefit for the period he remained out of service of the Corporation. This order is subject to the final order of the Hon'ble High Court in LPA No.207 of 2010."
(3.) It may be stated that LPA No.207 of 2010 was preferred by the Management against the order passed by the learned Single Bench but the same was dismissed on 16.04.2010 with liberty to the workman to assail the order of punishment already passed by the Management.;