ARVIND KUMAR, J. - (1.) THE prayer is this petition filed under Arts. 226 and 227 of the Constitution of India is for quashing of award, dated 12 August 2004, impugned before us.
(2.) IT is the case of the petitioner that respondent No.2 -workman was appointed by the petitioner - company as adda conductor, on daily wages for a short period. His work was to issue tickets to passengers. According to the petitioner, workman was in habit of committing embezzlement and fraud by issuing used tickets to the passengers, which he admitted in presence of staff members. Following the said episode, the workman submitted a resignation to the company on 5 June 1999, which was accepted. However, after the acceptance of his resignation, the workman raised an industrial dispute on the ground that he worked with the petitioner - company from 21 August 1996 till his services were illegally terminated on 6 June 1999, without holding any enquiry or without affording any opportunity of being heard. The claim of the workman was resisted by the company by filing the written statement. Their stand was the services of workman were never terminated rather the same were in consequence with his resignation letter, dated 5 June 1999. While filing replication/rejoinder to the written statement, it was averred by the workman that the alleged resignation is forged and fabricated.
(3.) THE Labour Court, after analysing the evidence adduced before it by both the parties concluded that the alleged resignation is not voluntarily and genuine and in fact the petitioner - company had dismissed the workman. Holding that the Services of the workman were terminated Illegally, the Labour Court, vide the impugned award, dated 12 August 2004, set aside the same and ordered reinstatement of workman with full back - wages, continuity of service and other service benefits within one month from the date of award. Feeling dissatisfied with the same, the petitioner - company has preferred the instant petition.;