Punjab Roadways, Tarn Taran vs Piara Singh

D.V. Sehgal, President, J.—The present writ petition is directed by Punjab Roadways-management against the award dated 20th January, 1984 of the Presiding Officer, Labour Court by which Piara Singh workman respondent 1 was ordeoed to be reinstated in service but his five increments were stopped with cumulative effect by way of punishment.

It is not in dispute that as a result of the award of the Labour Court, the workman Piara Singh was reinstated in service. His five annual increments were also stopped with cumulative effect and he has been serving Punjab Roadways for the last 17 years after the aforesaid award. The charge against the workman was that he committed embezzlement of a sum of Rs. 6.15. After due enquiry, the order of punishment terminating his service was passed by the punishing authority. The Presiding Officer, Labour Court through the impugned award reached at a finding that the enquiry conducted was proper. However, the amount involved being a petty sum of Rs. 6.15 the charge proved did not warrant the extreme penalty of termination from service and that the punishment imposed upon the workman was oppressive. The punishment was substituted by that of stoppage of five increments with cumulaiive effect which has been implemented.

It is well settled by a catena of judgments including that of Supreme Court that the Labour Court under the Industrial Disputes Act, 1947, has jurisdiction to go into the propriety of quantum of punishment also. We agree with the observations made by the learned Presiding Officer, Labour Court. We therefore feel that justice has already been done and it would be now doing injustice to the workman in case the present writ petition is adjudicated upon or decided against respondent No. 1. The writ petition is accordingly disposed of.

Petition disposed of.