- (1.) Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ in the nature of Certioraris for quashing award dated 21.9.2004, Annexure P-2, whereby the learned Labour Court has set aside the order terminating the services of respondent No. 1-workman and substituted it with an order of stoppage of four annual increments with cumulative effect.
(2.) The case as set out by the petitioner, namely, Director, State Transport, Punjab (hereinafter referred to the department) in the writ petition, is that on 2.5.1996, respondent No. 1-workman, Kulwant Singh (hereinafter referred to as the workman) was on duty as conductor with Bus No. 9111 of Punjab Roadways, Amritsar-I. On a checking carried out by the Inspectorate Staff, 14 passengers were found to be without tickets though due fare of Rs. 104/- had been collected by the respondent-workman. Thus, for embezzlement of said amount, the respondent-workman was served with a charge-sheet to which he submitted his reply. On finding the same to be unsatisfactory, an enquiry was ordered against him. In enquiry, he was held guilty and accordingly, order for his removal from service was passed. Appeal preferred by the workman qua that order too came to be dismissed. Respndent-workman raised an industrial dispute which was referred to the Labour Court by the Government for adjudication. A claim statement was filed by him before the Labour Court alleging that the enquiry against him had not been conducted in a fair and proper manner. Petitioner-department contested the claim of respondent-workman before the Labour Court. The learned Labour Court vide the impugned award, Annexure P-2, though held that the enquiry was proper but invoked the provisions of Section 11A of the Industrial Disputes Act, 1947, and substituted the punishment in the manner indicated above. Hence, the present writ petition by petitioner-department.
(3.) Respondent-workman has not challenged any finding of the Labour Court.;