- (1.) Challenge in the present writ petition is to the award dated 28.04.2014 (Annexure P-12), passed by the Labour Court, Hisar, whereby the respondent-workman has been reinstated and awarded 25% back wages on the last drawn salary, from the date of the demand notice till his reinstatement in service and the reference was, accordingly, decided in favour of the workman.
(2.) A perusal of the paperbook would go on to show that the case of the workman was that he was working as a Tractor Helper in the Central State Farm, Hisar since 11.04.1980 and was paid Rs. 500/- per month. A chargesheet was issued to him on 18.09.1987 and an Enquiry Officer was appointed. It was alleged in the claim statement that he was not given an opportunity of personal hearing and the principles of natural justice were violated and his services were terminated on 11.03.1988 on unproved facts.
(3.) The defence taken was that the reference was not made by the appropriate Government and the applicant had no cause of action and the industrial dispute was time-barred. The petitioner was dealing in agriculture farming and the Tribunal had no jurisdiction. The applicant was only casually working and paid on daily wage basis and there was no regular scale of Tractor Helper. He had intentionally misbehaved and manhandled Shri S.C.Sharma, Senior Agriculture Assistant on 30.08.1987 and was accompanied with other co-workers. The incident was reported to the Police Station, Sadar, Hisar and domestic enquiry was also conducted by Shri S.S.Das Gupta, Accounts Officer, who had found the workman guilty of the charge of manhandling and it being a gross misconduct, accordingly, the services of the workman were terminated by imposing a major punishment.;