Pepsu Road Transport Corporation Petitioner v. Industrial Tribunal-Cum-Labour Court And Another S

Rajesh Bindal J.

The petitioner-management (for short, ‘the management’), being aggrieved against the award dated 19.8.2010, passed by Presiding Officer, Industrial Tribunal and Labour Court, Union Territory, Chandigarh (for short, ‘the Tribunal’) has filed the present petition.

Learned counsel for the management submitted that it is a case in which respondent No. 2-workman (for short, ‘the workman’) was working as Driver. He was charged for using foul language against adda in-charge and also violating the rules. The enquiry was held and as a result thereof, his services were terminated. Though the finding regarding grant of opportunity to the workman during the course of enquiry has not been upset, but still he has been directed to be reinstated back in service. Learned counsel further submitted that considering the conduct of the workman, he is not entitled to the relief, which has been granted to him by the Tribunal.

On the other hand, learned counsel for the workman submitted that the allegations levelled against the workman were totally false. He had refused to drove a bus, which was not road worthy. The same was only to take care of the lives of passengers of the bus. When a different bus was given to him, he had driven the same and discharged his duties. The allegation regarding use of filthy language is not correct. He further submitted that the workman has been taken back in service on 17.12.2011 The Tribunal has merely granted relief of reinstatement. He will have no right of increments or promotion. Even the back wages have also not been awarded.

After hearing learned counsel for the parties, in my opinion, no interference is called for in the present petition at this stage, considering the fact that services of the workman were terminated on 20.8.1998 The allegation is that he had used some foul language at the bus stand. For 12 years, he remained out of service for his alleged mis-conduct. Though the Tribunal directed for his reinstatement, but without any other benefit. The aforesaid punishment is sufficient in the case in hand. The workman has learnt the lesson of his life for having misbehaved with his superiors.

Accordingly, the present petition is dismissed.