- (1.) Pepsu Roadways Transport Corporation, Patiala a Government under taking, has impugned the award of the Labour Court, dated 3.6.1985, whereby respondent No. 1., Piara Singh, a driver, was directed to be reinstated with continuity of service and full back wages.
(2.) The Service of the respondent workman were terminated by the petitioner Management for the reasons of his having absented without permission from 19.2.1980 to 15.4.1980. The Labour Court, however, held that the enquiry was not fair and proper. The petitioner Management then led evidence to establish the misconduct of the workman. The Labour Court did not record a finding as to whether the workman has absented from duty without permission or not. It merely surmised that if the workman had absented from duty without permission, then he would not have been allowed to join duty on 15.4.1980 and that he would have been put under suspension.
(3.) The Labour Court appears to forget that since the Management had to hold an enquiry into the given misconduct, it had first to allow him to join duty.;