Petitioner challenged Labour Court award dismissing him for misappropriation of funds. Court found no infirmity in enquiry proceedings noting workman failed to show lack of hearing opportunity. Writ petition dismissed.
Writ petition dismissed against the award of dismissal.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.13803 of 2010
Balbir Singh Vs. The President Officer, Industrial Tribunalcum-Labour Court, Haryana & others
Present: Mr.Narinder S. Lucky, Advocate, for the petitioner.
RANJIT SINGH, J.
The petitioner has come to challenge the award passed by the Labour Court. The petitioner has been dismissed from service on the allegation mainly relating to misappropriation of sum of Rs.53,222/- belonging to the Bank. A departmental enquiry was conducted and thereafter the petitioner was dismissed after affording proper opportunity. The plea is that the petitioner was not afforded adequate opportunity to prove his innocence and accordingly the finding and the order passed would be vitiated. Labour Court, however, found that the petitioner-workman failed to mention even the instances which would show prima-facie that he was not afforded opportunity of being heard. Even now the counsel has not been able to point out any infirmity in the enquiry proceedings. That being the position, no case for interference is made out.
The writ petition is accordingly dismissed.
( RANJIT SINGH ) JUDGE
August 05, 2010 ramesh
2 issues framed by the court
Whether the departmental enquiry proceedings were vitiated due to lack of adequate opportunity to prove innocence.
Whether the Labour Court's award in a dismissal case based on misappropriation of funds warrants interference.
Balbir Singh
The President Officer, Industrial Tribunalcum-Labour Court, Haryana
Ranjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
