- (1.) This judgment shall dispose of CWP No. 5192 of 1984 preferred by State of Punjab and another as well as CWP No. 3259 of 1985 filed by Hari Ram workman against the Award dated 19.4.1984 (Annexure P1) passed by the learned Presiding Officer, Labour Court, whereby he set aside the impugned order dated 10.11.1978 vide which the services of the workman Hari Ram were terminated by the General Manager Punjab Roadways, Chandigarh and directed the latter to reinstate him (Hari Ram) in service with all benefits of its continuity from the date of the said order except that the workman will not be entitled to wages for the back period i.e. the period preceding the date of this Award.
(2.) The facts giving rise to these petitions are that on 19.4.1978 when the bus on which Hari Ram was the conductor was checked at Rai, it was found that he had collected full fare from Delhi to Ambala from two passengers but the tickets issued to them were short of Rs. 3.20/-. Further on 21.4.1978, when he was on duty on bus No. 4406 on route No. 68, during the course of checking at Shahbad, two passengers were found without tickets from whom he had collected Rs. 2.60/- as fare. On 17.2.1978, he was on duty on bus No. 1301 on route No. 27, when he was checked at Bhankerpur, it was found that he had not issued the tickets to three passengers though he had charged Rs. 3.60/- from them when they were travelling from Zirakpur to Bhankarpur after having boarded the bus from Zirakpur. During inquiry, it was found that he had embezzled a sum of Rs. 9.40/-, which he had recovered from the passengers and as its consequence, his services were terminated vide order referred to above. He raised dispute with regard to the legality of the said order contending that it was illegal and this dispute was referred to the Labour Court for adjudication under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short the Act).
(3.) The learned Labour Court framed the following issue : "Whether the enquiry conducted against the workman is vitiated.";