- (1.) This petition has been moved by Santokh Singh under Articles 226/227 of the Constitution of India for quashing the impugned award dated 26.10.1987 Annexure P.9.
(2.) The facts giving rise to this petition are that the petitioner was working as a Secretary of the respondent-Society, when he was dismissed from service illegally and arbitrarily on the basis of an audit report, without holding any inquiry or issuing him any charge-sheet and giving him proper opportunity to defend himself. He was dismissed from service by passing only a resolution which was neither passed by the competent authority, nor it was signed by the authority empowered to sign it. He had put in more than 10 years of service. The Cashier was responsible for handling cash etc., whereas the duties of the petitioner as Secretary were to maintain the record, make entries in the register and to do all clerical work, including calling of the meetings etc. The special audit is said to have been held on 30.6.1980, wherein some irregularities were found by the audit party and on the basis of audit report, a resolution was passed by the respondent- Society, whereby without giving any opportunity to the petitioner, he was dismissed from service. Mohan Singh, an employee of the Society, who had written Annexure P.2 was dismissed from service on the ground of some misconduct. Because of groupism in the Society, he was still functioning in the Society. Mohan Singh, himself was Cashier at that time and the so-called irregularities found by the audit party had occurred during the tenure of Mohan Singh. Vide a separate order passed by one K.K. Sharma, it was ordered that both Mohan Singh and the petitioner, should share the loss. Mohan Singh had been playing havoc with the accounts. On industrial dispute being raised by the petitioner, the matter was referred to the Labour Court for adjudication. The learned Presiding Officer, Labour Court, Jalandhar vide the impugned award Annexure P.9 held that the termination of the services of the workman is fully justified as the same was grounded by the loss of confidence. This award is liable to be quashed in view of the reasons embodied in this petition.
(3.) None came forward to argue on behalf of the respondent-Society.;