The main legal point established is the importance of conducting a fair and proper inquiry process, ensuring the principles of natural justice are upheld, and providing the opportunity for the workmen to defend their case.

Rajiv Narain Raina, J.

1. This order will dispose of the aforementioned six writ petitions arising out of identical awards made by the Presiding Officer, Industrial Tribunal, Bathinda on 31.10.2011 in six separate references instituted in May, 1997 involving the legality of the orders dated 26.11.1996, whereby services of the workmen/respondents No. 2 were terminated w.e.f. 30.11.1996 following charges of misconduct. The Industrial Tribunal at Bathinda has answered the references in favour of the workman ordering reinstatement with continuity of service and 50% back wages. The back wages were ordered to be paid within two months from the publication of the award, failing which they were entitled to interest at the rate of 6% p.a. from the receipt of the reference i.e. 21.05.1997. They have also been held entitled to costs of Rs. 2200/- in each case from the Management. Aggrieved by the awards, the Management, a private bus operator, is before this Court for quashing the awards urging them to be perverse, misconceived and illegal.

2. Since the issue involved in all these cases is common, they can conveniently be decided by a consolidated order. However, for facility of reference, the facts, which are similar in all the cases, are taken from CWP No. 8952 of 2012.

3. The dispute began when the Coordination Committee of All Private Transport Workers Unions, District Faridkot, Ferozepur served a demand notice dated 28.02.1996 on the petitioner-company demanding that management regularize the services with all service benefits of two Mistris; two Conductors and one Adda Service Incharge, who had spent 3-6 years in service. In case, the Management did not wish to negotiate and settle the demand, in such eventuality, the Union will be entitled to resort to direct action by way of agitating the demands through rallies, processions, demonstration, strike, gherao of buses with the ensuing consequences for which the management would be responsible. Those five persons are not the respondent/s in these six cases. The notice period was 15 days.

4. On receipt of this notice, the Director & General Manager of the petitioning company wrote a letter to their Managing Director on 19.03.1996 to the effect that the notice was received on 01.03.1996, and the members of the Union including the respondent/ workmen took a very active part in the agitating at the premises of the petitioner company from 05.03.1996 to 08.03.1996, which led to reduction of bookings to a large extent and these were intentionally induced by adopting go slow work. It was pointed out that on 09.03.1996, the workmen held a big demonstration opposite the company's petrol pump and office with a loud-speaker on one bus through which announcements and speeches were made. A traffic jam was orchestrated by haphazard parking of buses on the main road etc. Even the Police and the Sub Divisional Magistrate reached the spot and within minutes the traffic was resumed and the demonstration discontinued. Due to this, 4-5 rounds of each of the buses were missed. The punishing authority was recommended to serve charge/sheets immediately on the demonstrators.

5. Charge-Sheets were served on 20.03.1996. The misconduct alleged against the workmen was that by adopting go slow work had resulted in reduction in bookings as against daily average booking on different routes. This has caused financial loss to the company. The second charge was that the workmen instigated companion workmen to indulge in deliberate reduction of bookings from 04.03.1996 to 08.03.1996 to compel the management to accept the illegal demands raised by the Union resorting to dharna before the office for the four days of agitation. The workmen also demonstrated before the office of the company in the morning of 09.03.1996. During the demonstration, the workmen parked the buses on the middle of the GT road creating a jam while abusing the management. This was done even before the time period fixed in the notice by the Unio