The court emphasized the importance of impartial inquiry proceedings and the need for proven charges before imposing penalties under the Industrial Disputes Act.

JUDGMENT

Sureshwar Thakur, J. - Through an award, made on 9.7.2019, the learned Central Government Industrial Tribunal-cum-Labour Court No. 2, Chandigarh, imposed in substitution, of, the penalty, of, dismissal, of, service, hence imposed upon the workman, by the disciplinary authority, rather the penalty, of, his compulsory retirement from service, alongwith all consequential benefits. Both the workman, and, the employer, become aggrieved from the afore award, inasmuch as, the workman becomes aggrieved from a finding adversarial, to him, becoming returned, upon charge No. 1, and, the employer becomes aggrieved from finding adversarial, to it, becoming returned, upon charges No. 3, 4, 5, 6, 7, 8 and 9, (i) and also becomes aggrieved from the afore order, hence substituting the imposition, of, penalty, of, dismissal, from service upon the workman, by the discriplinary authority, to imposition upon him, of penalty, of, his compulsory retirement from service, alongwith all consequential benefits. Consequently, through theirs respectively rearing CWP bearing No. 4844 of 2020, and, CWP bearing No. 3597 of 2020, they cast a challenge, upon, the afore award. Consequently, both the writ petitions, are, amenable for becoming adjudicated upon, through a common verdict. Furthermore, since, after the afore award, becoming rendered by the learned Central Government Industrial Tribunal-cum-Labour Court No. 2, Chandigarh, hereinafter referred to as, "the Tribunal", the latter proceeded to transmit the award, for its execution, to the Civil Court concerned, located at Palampur, and, the Court of the Senior Civil Judge, Palampur, through an order made on 7.10.2020, proceeded to issue a show cause notice to the JDs/respondents/employer concerned, as to why, they be not sent to civil prison, or their property be not attached, (ii) thereupon, since the afore order becomes impugned hence through the bank, constituting CMPMO, bearing No. 420 of 2020, before this Court, thereupon, and, since therethrough(s), the, implementation, of, the award, as becomes, impugned before this Court, becomes strived, hence, the legality, of, the order made on 7.102020, by the Court, of, the learned Senior Sub Judge, Palampur, H.P.. also becomes amenable to be decided, through a common order.

2. The hereinafter charges became drawn against the workman:

"Charge No. 1- You created nuisance in the Branch premises during the business hourse and disrupted smooth and normal functioning of the Branch on 28.5.2012 when a letter bearing No. Br/AWS/1 regarding your unauthorized absence was served on you. You misbehaved with the Branch Manager, tore the latter No. Br/AWS/1, dated 28.5.2012, into pieces, while shouting "No Branch Manager has dared to issue me letter prior to this".

2. Charge No. 2- You did Gali Galoch and threatened the Branch Manager on 28.5.2012 while using abusive language.

3. Charge No. 3 You demonstrated before Palampur ADA Branch on 28.5.2012 without giving prior notice to the Bank with regard to demonstration. Subsequently, you organized lunchtime demonstration from 8.6.2012 to 18.6.2012 again without giving any prior notice.

4. Charge No. 4.- On 29.5.2012, you disrupted the smooth working of lthe Branch by insisting that the box containing remittance be taken out by the Branch Manager. When an office namely Shri Surjeet Singh volunteered to lift the box, you came alongwith Shri Madan Bhandari Senior Special Assistant and Shri Ram Mal Guard up to the entrance of the Branch and while Shri Surjeet Singh was carrying the remittance box. While Shri Surjeet Singh was trying to engage the services of canteen boy to carry the box up to the vehicle, this was prevented by you and above emoployees.

5. Charge No. 5- You deliberately flouted system and procedures on several occasion in thepast with an intention to undermine the authority of the Branch Manager in the Branch and in theprocess seriously increasing operational risk of the branch. One instance is given as under: