- (1.) This petition has been moved by Ram Bhajan (hereinafter to be referred as 'the workman') under Articles 226/227 of the Constitution of India for modifying the impugned award dated 20.10.1986 (Annexure P.3) passed by the Presiding Officer of the Labour Court, U.T. Chandigarh to the extent that the petitioner is entitled to full back-wages and other benefits in the event of the order of termination having been set aside.
(2.) The brief facts giving rise to this petition are that on 24.8.1982, the petitioner was a conductor on Bus No. 2857, which was checked by Niranjan Singh, Inspector along with Ram Kishan, Inspector at Karnal bye-pass. On checking, they found that eight passengers were travelling from Nilokheri to Karnal. The petitioner had issued old tickets to them. Niranjan Singh, Inspector took eight unpunched tickets from the conductor as proof. By issuing old tickets, the conductor-petitioner defrauded the government worth Rs. 12/- when aforementioned Inspectors confirmed from booking branch and checked the record, it came to light that the petitioner had already sold these tickets on 10.7.1982 and 22.8.1982. The petitioner was charge-sheeted. He filed reply to the charge-sheet. Mr. Darshan Gupta, who was working as Welfare Officer with the respondent-Management conducted the inquiry and submitted his report. On the basis of the same, show cause notice was issued to the petitioner and finally, he was removed from service on 8.3.1983. The petitioner challenged his termination order and served demand notice on the Management on 26.7.1984. The dispute could not be resolved even before the Conciliation Officer. Ultimately, the same was referred to the Presiding Officer, Labour Court, Union Territory, Chandigarh. The following issue was framed by the Presiding Officer of the Labour Court :- "Whether the inquiry is vitiated on any ground whatsoever ?"
(3.) After hearing the representatives of the parties, the learned Presiding Officer of the Labour Court passed the impugned award setting aside the termination order and ordered to reinstate the workman with continuity of service with the observations that as the inquiry proceedings have been held to be illegal on a technical point, he will not be entitled to the relief of back-wages. Feeling aggrieved with the denial of back-wages, the petitioner has preferred this petition.;