Termination of employment without departmental proceedings or opportunity to be heard is illegal under the Industrial Disputes Act, 1947.

JUDGMENT

Mr. Harsh Bunger, J.

Petitioners have filed the instant writ petition under Articles 226/227 of the Constitution of India seeking quashing of impugned award dated 26.04.2017 (Annexure P-9) passed by the Presiding Officer, Industrial Tribunal, Gurdaspur (hereinafter referred to as 'the Tribunal'), whereby reference of industrial dispute regarding termination of services of respondent No.2 (Balwinder Singh) has been answered in his favour and he has been held entitled to reinstatement with continuity in service and 50% back wages from the date of demand notice, i.e. 20.09.2012.

2. Briefly, respondent No.2-workman (Balwinder Singh) raised an industrial dispute by way of serving demand notice, which was subsequently referred to the Tribunal, for adjudication.

3. In the statement of claim, respondent No.2-workman stated that he was appointed as a Chowkidar on 01.05.1996 on a regular and permanent post. He stated that he was performing his duties to the satisfaction of his superiors and Employees Provident Fund contributions were also being deducted from his salary. Respondent No.2-workman claimed that Executive Engineer, Punjab Small Industries Export Corporation, Jalandhar had sent letter No.1360 dated 08.08.2008 through registered post on 22.08.2008 indicating that respondent No.2 was absent from his duties, however, he had already joined his duty on 05.08.2008. It was stated by respondent NO.2- workman that the Sub Divisional Officer, Punjab Small Industries Export Corporation, Amritsar and Junior Engineer, Punjab Small Industries Export Corporation, Pathankot did not allow him to join the duty, and finally the Department refused to take him on duty on 17.08.2012. Accordingly, respondent No.2 claimed that his services have been terminated in violation of the provisions of Sections 25F, 25G and 25H of the Industrial Disputes Act, 1947 (hereinafter to be referred as 'the 1947 Act') and prayed for reinstatement with continuity in service along with all the consequential benefits.

4. The aforesaid claim of respondent No.2 was contested by the petitioners herein by filing their written statement wherein it was stated that respondent No.2-workman had absented from duty without any permission from his superiors. It was stated that respondent No.2 was asked to perform his duties at the place of his posting but he failed to join there and accordingly, his services were terminated vide order dated 18.11.2008. It was also mentioned that in fact respondent No.2, after remaining absent from the duty, had gone abroad without taking any permission. Accordingly, prayer for dismissal of the reference was made.

5. From pleadings of the parties, the following issues were framed by the Tribunal:-

"(i) Whether the services of workman were terminated by respondents in an illegal and unjustified manner? If so, what benefit workman is entitled for?

(ii) Whether the reference is time barred?

(iii) Whether reference is not maintainable?

(iv) Relief "

6. Thereafter, both the parties led evidence in support of their case. Respondent No.2-workman (Balwinder Singh) examined himself as WW-1. On the other hand, petitioners examined Sh. Savtej Singh, SDO as MW-1.

7. After considering the material/evidence available on record, Tribunal answered the reference in favour of respondent No.2-workman vide impugned award dated 26.04.2017 (Annexure P-9).

8. Being aggrieved against the aforesaid award dated 26.04.2017 (Annexure P-9), petitioners filed the instant writ petition before this Court.

9. I have heard learned counsel for the parties and perused the paper book with their able assistance.

10. The Tribunal while passing impugned award dated 26.04.2017 (Annexure P-9), held as under:-

"10. I have given thoughtful consideration to these arguments and in order to appreciate the same, have gone through record of this case very carefully.

11. It is conceded fact that workman was appointed as Chowkidar on 1-5-1996 regularly and he had been working with respondents til