Judgement :

(1) THE only question which falls for consideration in this appeal at the instance of the Director, State Transport, Punjab and another is as to whether the High court was justified in taking the view that the order of dismissal as passed by the Labour court on inquiry held before it related back to the date of the original order of dismissal passed by the Management or operated prospectively from the date of the order of the Labour court.

(2) A few relevant facts relating to this appeal may be noted at the outset. After a domestic inquiry the appellants terminated the services of Respondent I-workman who was at the relevant time, working as a conductor on one of the buses belonging to the appellants. The termination order was challenged by respondent 1 before the Labour court. The Labour court found that the domestic inquiry was defective. It therefore, permitted h the appellants to lead evidence to justify their action. It was held by the Labour court ultimately on the basis of the evidence led before it that Respondent 1 was not entitled to any relief and the action of the appellants was justified in terminating his services on the ground of serious misconduct of embez