- (1.) This petition has been moved by Amrik Singh under Articles 226/227 of the Constitution of India for quashing the impugned award dated 25.3.1987 Annexure P.4.
(2.) The brief facts giving to this petition are than when the bus being conducted by the petitioner (hereinafter to be referred as 'the workman') was checked on way to Delhi from Muktsar between Malout and Dabwali, it was discovered that three passengers who were travelling from Muktsar to Delhi, two from Muktsar to Rohtak and one from Muktsar to Sirsa, all of them had been charged for Delhi but they were given the tickets for Sirsa and had in the process embezzled Rs. 85.25. When the cash in hand with the workman was checked on 18.6.79 on his return trip from Delhi, it was found in excess of sale proceeds of the tickets by Rs. 102.32 suggesting that he had charged certain passengers without issuing them the requisite tickets. When his bus was checked again on 3.4.1979 on way to Bathinda from Muktsar, he was found to have charged Rs. 2/- from four passengers at the rate of Rs. 0.50 paise per head without issuing any tickets to them. That without considering the charge-sheet and the reply, an inquiry was ordered. The Inquiry Officer had exonerated the workman of the charge dated 3.4.1979 but held him guilty of other two charges. His services were terminated, which gave rise to an industrial dispute. The matter was referred to the Labour Court. The Presiding Officer, Labour Court framed the following issues :- 1. Whether the reference is bad for non-joinder of necessary parties ? 2. Whether there has been a fair and proper enquiry? 3. Whether the order of termination of services of the workman is justified and in order ? 4. Relief.
(3.) After hearing the representatives of the parties and examining the evidence on record, the learned Presiding Officer, Labour Court held that "I am of the opinion that the inquiry was absolutely fair and proper and the termination of the services of the workman was thoroughly justified and he is not entitled to any relief." Feeling aggrieved with the impugned award, the workman has preferred this petition.;