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2024 Supreme(P&H) 1468

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JAGMOHAN BANSAL
Mukhtiar Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
For the Appellant :Mr. Onkar Rai, Advocate,
For the Respondent: Mr. Aman Dhir, DAG, Punjab.

JUDGMENT :

Jagmohan Bansau, J. (Oral)

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of award dated 10.11.2022 (Annexure P-8) whereby his reference has been rejected on the ground of delay and laches.

2. The petitioner joined Punjab Roadways as a Conductor. He proceeded on 90 days medical leave with effect from 14.10.1996. He did not rejoin his duty and respondents terminated him vide order dated 08.12.1998. The petitioner after the expiry of 21 years approached Labour Court assailing his termination. The Labour Court has dismissed his reference on the ground of delay and laches. The relevant extracts of the findings recorded by Labour Court are reproduced below:-

"16). Appraisal of the evidence adduced on the file proves that the workman was appointed as Conductor with the respondents Punjab Roadways, Jagraon. However, he absented from the duty without getting any sanctioned leave w.e.f. 14.10.1996. Thereafter, charge sheet Ex.R2 was served upon the workman, but he failed to turn up to contest the enquiry proceedings. Charge sheet was also conveyed to the workman through publication Ex.R4, but when he failed to

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