The bus started from Bhatinda and was bound for Nihal Singh Wala via Moga.
The service of the petitioner was terminated on 27.6.1979.
The petitioner was charge sheeted for failing to discharge his duties as a driver properly in as much as he caused damage to the Punjab Roadways to the extent of Rs.
The charges against the workman were of minor nature.
The reference was thus disposed of by order dated 29th April, 1982.
Admittedly the driver did number take the bus to Nihal Singh Wala but he took back the bus from Jawahar Singh Wala.
The Labour Commissioner referred the dispute for adjudication to the Labour Court, Patiala under Section 10 1 c of the Industrial Disputes Act, 1947.
The Labour Court also found that the punishment awarded was harsh being number in companysonance with the nature of the charges against the workman and as such found that a lesser punishment would meet the ends of justice.
The Labour Commissioner, Punjab, Chandigarh thereafter referred the dispute regarding the justifiability of order of termination of service to the Labour Court, Patiala under Section 10 1 C of the Industrial Disputes Act, 1947.
Enquiry was held and he was found guilty of the charges levelled against him.
The Tribunal, therefore, did number direct for payment of back wages to the petitioner.
After enquiry into the charges duly and after giving him the opportunity of hearing the management dismissed him from service finding that the charge had been proved.
The petitioner is admittedly an employes, of the Punjab Roadways, Moga as a driver and on 14th November, 1977 he was driving bus No.
The Tribunal in companysideration of this submission made an order of reinstatement with companytinuity of service but without back wages.
This order has been impeached by the petitioner by a Writ Application under Article 226 of the Constitution before the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No.
There was also a further direction that the period of absence from service is to be treated as leave of the kind due and in case numberleave is due as leave without pay.
5403 of 1983, on the ground that the order of Labour Court was wrong as though he was held to be entitled to reinstatement with companytinuity of service, yet without assigning any reason the back wages during the period of wrong full termination refused to the petitioner in derogation of the terms of the provisions of Section 11A of the Industrial Disputes Act, 1947.
Briefly stated the petitioner was in the service of Punjab Roadways, Moga District, Faridcot Punjab State as a driver.
The Tribunal on companysidering the harshness of the punishment in companysideration of the nature of the charge directed reinstatement of the workman with companytinuity of service but without back wages.
The Labour Court therefore found that the order of dismissal was a serious step taken by the respondent management.
22.50 by number taking the bus number 5803 of which he was the driver on 14th November, 1977 from Bhatinda to Nihal Singh Wala via Moga, but rather took back the bus from Jawahar Singh Wala.
On the other hand it directed specifically that the period the petitioner was kept out of the duty has to be treated as leave of the kind due and in case numberleave is due has to be treated as leave without pay.
The Labour Court Patiala after hearing both the parties and on a companysideration of the facts and circumstances came to the finding that the respondent held fair and proper enquiry against the workman and the workman companyld number show that the enquiry was number fair and proper.
C. Ray, J. This application for special leave is directed against the judgment and order passed in Civil Writ Petition No.
5403 of 1983 dismissing the Writ Petition filed by the petitioner questioning the validity of the award made by the Labour Court, Patiala on April 29, 1982, whereby the Labour Court though directed for the reinstatement of the petitioner refused to grant back wages.
