CWP No. 23661 of 2021 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (246) CWP No. 23661 of 2021 Date of Decision: 15.07.2026 Ram Saran (deceased) through his legal heirs ......Petitioner(s) Versus The Presiding Officer, Industrial Tribunal-cum- Labour Court-II Gurugram and Others .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Ms. Mansi, Advocate for Mr. Bhisham Kumar, Advocate for the petitioner(s). Mr. Chirag Wadhwa, DAG, Haryana for respondents No.2 & 3. **** KIRTI SINGH , J. (ORAL) 1. The present writ petition has been filed under Articles 226 and 227 of the Constitution of India seeking issuance of a writ of certiorari to quash the orders dated 20.01.2014 and 01.04.2016 passed by respondent No.1, whereby the domestic inquiry was held to be fair and the industrial dispute challenging the alleged illegal termination of the petitioner was decided against the petitioner. 2. Learned counsel for the petitioner(s) submits that the workman (since deceased) was appointed as a Driver with respondent No.2 on 05.03.1985. His services were illegally terminated on 05.03.1986 on the allegation of submitting a fake school certificate, without issuing any charge-sheet or conducting a departmental enquiry. The Labour Court, vide Award dated 05.02.1993, directed his reinstatement with continuity of service and consequential benefits, except back wages. Although the RITIKA 2026.07.21 15:20 I attest to the accuracy and integrity of this document Chandigarh CWP No. 23661 of 2021 -2- workman rejoined duty, the respondent failed to grant the consequential benefits. It is further submitted that when the workman demanded compliance with the said Award, the respondent issued three charge-sheets dated 24.12.2004, 24.10.2005, and 11.08.2006. The workman submitted replies to all the charge-sheets, but no fair enquiry was conducted in respect of two of them, nor was he given an opportunity to participate in the enquiry. Thereafter, his services were wrongly dismissed vide order dated 18.12.2007. Aggrieved, the workman again raised an industrial dispute. However, the Labour Court upheld the domestic enquiry and dismissed the reference. Learned counsel contends that the impugned Award is contrary to law, as it ignores the violation of the principles of natural justice and the provisions of the Industrial Disputes Act, 1947, and is therefore liable to be set aside. 3. Per contra, learned State counsel for respondents No.2 and 3 submits that after an earlier termination and subsequent reinstatement pursuant to the Award dated 05.02.1993, the workman repeatedly remained absent from duty without authorization. Consequently, disciplinary proceedings were initiated by issuing charge-sheets dated 24.10.2005 and 11.08.2006. A regular departmental enquiry was conducted, wherein the workman was served with show-cause notices, granted personal hearing, and was asked to produce original medical records, which he failed to do. As the charges of unauthorized absence stood proved, the disciplinary authority passed the order of dismissal dated 18.12.2007. It is further submitted that the Labour Court, after considering the entire record, upheld the validity of the domestic enquiry. Accordingly, it is prayed that the writ petition deserves to be dismissed. 4. Heard learned counsel on either side and perused the judicial RITIKA 2026.07.21 15:20 I attest to the accuracy and integrity of this document Chandigarh CWP No. 23661 of 2021 -3- record with their able assistance. 5. It was the case of the workman that his services were illegally terminated without conducting a fair departmental enquiry and in violation of the principles of natural justice. The learned Labour Court, after appreciating the pleadings and evidence on record, held that the workman had repeatedly remained absent from duty without authorization and had been subjected to disciplinary proceedings on several occasions. The learned Labour Court found that the workman had participated in the enquiry, was served with show-cause notices, granted an opportunity of personal hearing, and was called upon to produce his original medical certificates, which he failed to do. It was, therefore, held that the domestic enquiry was fair and proper, conducted in accordance with the prescribed procedure and the principles of natural justice. The Labour Court further held that the workman was a habitual absentee, and that the punishment of dismissal was justified and proportionate to the proved misconduct. 6. Learned counsel for the petitioner has also failed to point out any perversity or illegality in the findings recorded by the learned Labour Court, or to show that the findings are contrary to the pleadings or evidence on record. 7. It is a settled principle of law that this Court, while exercising jurisdiction under Articles 226 and 227 of the Constitution of India, does not act as an appellate Court over the findings of fact recorded by the Labour Court. Interference is warranted only where the Award suffers from patent illegality, perversity, or an error apparent on the face of the record. No such ground has been made out in the present case. 8. In view of the above, this Court finds no merit in the present RITIKA 2026.07.21 15:20 I attest to the accuracy and integrity of this document Chandigarh CWP No. 23661 of 2021 -4- writ petition and the same is, accordingly, dismissed. 9. Pending miscellaneous application(s), if any, shall also stand disposed of. (KIRTI SINGH) JUDGE July 15, 2026 Ritika Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RITIKA 2026.07.21 15:20 I attest to the accuracy and integrity of this document Chandigarh