- (1.) This order will dispose of Civil Writ Petition No. 2875 of 1987 filed by Krishan Kumar and Civil Writ Petition No. 3110 of 1987 filed by Pepsu Road Transport Corporation, Patiala, as they arise out of the common award passed by Mrs. Bimla Gautam, Presiding Officer, Labour Court, Chandigarh.
(2.) The facts leading to these writs are that Krishan Kumar was removed from service on February 4, 1983, after holding regular departmental enquiry against him. The charge against him was that on February 2, 1982 at about 4.30 p.m. he was roaming in a drunken condition in the workshop. The Depot Manager who was standing there asked him to leave the premises. Instead of leaving the premises, Krishan Kumar petitioner in Civil Writ Petition No. 2875 of 1987, used abusive language and insulted the Depot Manager. Krishan Kumar was charge-sheeted regarding this incident and after due enquiry his services were terminated. He challenged the order of termination before the Labour Court. The Labour Court vide its order dated October 27, 1986, held that the enquiry was fair and proper and charge against Krishan Kumar was proved, but in the circumstances of the case reduced the punishment from termination to stoppage of two increments with cumulative effect and also ordered that he would not be entitled to back wages. This order has been challenged by Krishan Kumar petitioner in Civil Writ Petition No. 2875 of 1987 on the ground that order of stoppage of two increments with cumulative effect is not provided in the rules and hence could not be awarded against him. Pepsu Road Transport Corporation has challenged the same order in Civil Writ Petition No. 3010 of 1987 on the ground that the Labour Court found the enquiry to be fair and proper and charge against Krishan Kumar proved. Still, the order of termination was set aside and punishment was reduced to stoppage of two increments with cumulative effect.
(3.) I have heard the learned counsel for the parties and have given careful consideration to the submissions made by them.;