S.J. Mukhopadhaya, J.

The writ petition was preferred by the Superintending Engineer, Chidambaranar Electricity Distribution Circle, Tuticorin, (hereinafter referred to as Electricity Board), against the award dated 21st Oct., 1992, passed by learned Presiding Officer, Labour Court, Tirunelveli, in I.D. No.521/90. By the said order, learned Presiding Officer, Labour Court, Tirunelveli held that the punishment of removal from service is excessive and disproportionate to the misconduct alleged and, thereby, rendered the order of removal illegal without awarding any punishment, as the workman had attained the age of superannuation in the meantime. The management of the electricity board has been directed to pay the terminal benefits, including pension, etc. Learned single Judge upheld the award giving rise to this appeal.

2. The relevant facts for determination of claim are mentioned hereunder: -

The 2nd respondent – workman, who was working under the appellant, was proceeded departmentally in December, 1988. Inspite of service of notice, he did not choose to reply nor appeared in the proceeding. In the circumstances, the enquiry officer had to conduct ex-parte enquiry. On