MARKANDEY KATJU, S.B.SINHA
Punjab Water Supply Sewerage Board – Appellant
Versus
Ram Sajivan – Respondent
JUDGMENT
S.B. Sinha, J.—
Leave granted.
2.These two appeals by special leave involving common question of law and fact were taken up for hearing together and are being disposed of by a common judgment. Respondents herein were employed on work charge basis. One of the workman was transferred. Respondents were opposing the said order of transfer. They allegedly assaulted one of their senior officers as the said order of transfer despite protests was not cancelled. A First Information Report was lodged. Their services were terminated on 8.8.1994. They were found guilty in the criminal case and were convicted by the learned Trial Judge by an order dated 29.4.2000. They preferred an appeal thereagainst. However, an industrial dispute was raised questioning the said order of termination. The said dispute was referred to the Labour Court for adjudication by the State Government. By an Award, re-instatement of the respondents was directed by the said Court with continuity of service but without back wages. A Writ Petition preferred thereagainst by the appellant was dismissed by the High Court by an Order dated 22.11.2000, whereupon the respondent joined his services. In the meanwhile, an
Harichand v Director of School Education [(1998) 2 SCC 383]
Arvind Mohan Sinha v. Amulya Kumar Biswas and Others [(1974) 4 SCC 222] (Para 7)
The Divisional Personnel Officer
Hansa v. State of Punjab [(1977) 3 SCC 575] (Para 7)
Union of India and Another v. Tulsiram Patel etc.[(1985)3 SCC 398] (Para 12)
Union of India and Others v Bakshi Ram [(1990) 2 SCC 426] (Para 4)
Krishnakali Tea Estate v. Akhil Bharatiya Chah Mazdoor Sangh and Another [(2005) 3 SCC 331](Para 20)
Hombe Gowda Educational Trust and Another v. State of Karnataka and Others [(2006) 1 SCC 430]
M.V. Bijlani v. Union of India [(2006) 5 SCC 88] (Para 22)
P.D. Agrawal v. State Bank of India & Ors. [2006 (5) SCALE 54] (Para 22)
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