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SUDHANSU JYOTI MUKHOPADHAYA, V.GOPALA GOWDA
RAGHUBIR SINGH – Appellant
Versus
GENERAL MANAGER,HARYANA ROADWAYS, HISSAR – Respondent
Key Points: - The judgment holds that the appropriate government may make a reference at any time under Section 10(1) of the Industrial Disputes Act, and Article 137 of the Limitation Act does not apply to such references. (!) (!) (!) - It emphasizes that delay in raising the dispute cannot bar the reference and that the Labour Court/Industrial Tribunal must adjudicate on merits. (!) (!) (!) - The Labour Court is required to decide disputes on merits under Section 11A and apply the Doctrine of Proportionality in punishment. (!) (!) (!) (!) - Reinstatement with back wages may be granted depending on merits and proportionality, and back wages may be awarded from the date of raising the dispute where appropriate. (!) (!) (!) (!) - The decision sets aside earlier awards due to failure to adjudicate on merits and disproportionate punishment, directing reinstatement with back wages. (!) (!) (!)
JUDGMENT :
Leave granted.
2. This appeal has been filed by the appellant against the order dated 09.01.2012 passed by the High Court of Punjab and Haryana at Chandigarh in L.P.A.No. 20 of 2012, whereby the High Court dismissed the L.P.A. and affirmed the order dated 14.11.2011 passed by the learned Single Judge of the High Court in the C.W.P. No.20996 of 2011, urging various grounds.
3. The necessary relevant facts are stated hereunder to appreciate the case of the appellant and to ascertain whether the appellant is entitled for the relief as prayed in this appeal.
In 1976, the appellant joined the Haryana Roadways as a conductor. On 10.08.1993, the appellant was charged under Section 409 of the Indian Penal Code in a criminal case at the instance of the respondent for alleged misappropriation of the amount collected from tickets and not depositing the cash in relation to the same in time. The appellant was arrested by the Jurisdictional police and sent to judicial custody on 15.09.1994. Further, on 21.10.1994 the services of the appellant were terminated by the General Manager, Haryana Roadways, Hissar, the respondent herein. On 15.11.1994, the appellant upon being released on bail w
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