1. By this special appeal, a challenge is made to the order dated 12th September, 2003 passed in the writ petition preferred by the Municipal Council, Alwar to challenge the award of the Labour Court for granting wages from the date of termination till passing of the award.
2. It is a case where an order of dismissal was passed by the appellant. On a dispute raised by the workman, the reference was made to the Labour Court for its adjudication. The Labour Court heard the parties on fairness of inquiry and found it to be unfair vide its order dated 10 April, 1991. The appellant was given opportunity to adduce evidence to prove the charge and and chance of defence to the workman and accordingly witnesses were produced by both the parties. Learned Labour Court then found charges as proved and holding justification in the order of dismissal, did not interfere in it. The Labour Court however awarded wages since 16 October, 1979 till passing of the award. The award was challenged by both the parties i.e Municipal Council, Alwar as well as workman however the both the writ petitions were dismissed by the learned Single Judge. An appeal herein has been preferred by the Municipal Council, Alwar.
3. The only question for our consideration is as to whether workman is entitled to the wages from the date of termination till passing of the award on holding inquiry to be unfair though the evidence was allowed by the court to prove the charge. The issue aforesaid was framed by this court in its order dated 19 January, 2016.
4. Learned counsel for appellant submits that if inquiry is held to be unfair followed by evidence before the Labour Court and charges thereupon found proved then on holding punishment to be justified, the effect of the order would be from the date of passing of the order of punishment. The Labour Court committed illegality while giving wages from the date of termination till the date of passing of the award. The award of Labour Court to that extent should have been interfered by the learned Single Judge however it dismissed the petition preferred by the Municipal Council, Alwar. A prayer is accordingly made to set aside the award to the extent of grant of wages of the intervening period so as judgment of the learned Single Judge.
5. Learned counsel for respondent has opposed the appeal. He submits that while holding dismissal to be legal and justified, the Labour Court has rightly awarded wages to the workman from the date of dismissal from service till passing of the award. It is in view of the fact that inquiry conducted by the management was held to be unfair thus no interference be made in the award of the Labour Court so as on the order of learned Single Judge.
6. We have considered the rival submissions made by the parties and perused the record.
7. The only question for our consideration is as to whether workman would be entitled to the wages from the date of dismissal till passing of the award if inquiry was held to be unfair and then parties were allowed to adduce the evidence. The charge was thereupon found proved and order of punishment to be proper. The issue aforesaid has already been decided and settled by the Apex Court in the case of P.H.Kalyani v. Air France, Calcutta, reported in AIR 1963 SC 1756. If the inquiry is held to be unfair and thereupon evidence is led by the parties then in case charges are found proved and the order of punishment is held to be proper, the consequence would be to have effect of the order of punishment from the date it was issued. Once the order of punishment takes effect from the date it was issued by the management, the workman cannot be made entitled to the wages subsequent to the order of dismissal. The aforesaid proposition has not been considered by the Labour Court while awarding wages from the date of dismissal till passing of the award despite holding the order of punishment to be legal and justified.
8. In view of judgment (supra), we are inclined to interfere in the award of the Labour Court to the extent of grant of wages of the intervening period so as judgment of the learned Single Judge dismissing the petition preferred by the management. In view of above, the impugned award dated 2nd June, 1991 is set aside to the extent of granting wages from the date of order of dismissal from service dated 16 October, 1979 till passing of the award and also judgment of the learned Single Judge.
9. The appeal is allowed with the aforesaid.