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2007 DIGILAW 1828 (PNJ)

General Manager, Haryana Roadways Hisar Depot, Hisar v. Raghubir Singh

2007-10-11

ADARSH KUMAR GOEL, AJAI LAMBA

body2007
Judgment Adarsh Kumar Goel, J. 1. This petition has been filed by the State- Management against the award of the Labour Court reinstating the workman with 75% back wages. 2. The workman was appointed as a Helper in the year 1988 and was later designated as Conductor. His services were terminated on 23.6.1993 on account of his absence from duty from 5.9.92 to 21.10.92. 3. The Labour Court held that since no inquiry was held, termination of service was not justified. It was also held that the period of absence for a short duration could not be considered serious misconduct when the workman had left his place. Accordingly, the workman was directed to be reinstated with 75% back wages. 4. We find from the order dated 4.7.2003 when the workman was taken back in service w.e.f. 30.7.2002 subject to the decision of the present petition. The workman had died on 17.12.2005 as per statement made in C.M. No. 14146 of 2006. 5. Having regard to the above developments, we are of the view that the impugned award does not call for any interference except with regard to the order for back wages. The order of back wages is substituted by the amount of Rs. 50,000/- to be paid to the heirs of the workman within three months from the date of receipt of certified copy of this order. Petition allowed.