High Court Punjab-Haryana High Court

Kuldip Singh vs The Presiding Officer on 26 August, 2009

Punjab-Haryana High Court
Kuldip Singh vs The Presiding Officer on 26 August, 2009
             LPA No. 116 of 2009                             1


             In the High Court of Punjab and Haryana, Chandigarh.


                                             LPA No. 116 of 2009

                                             Date of Decision: 26.08.2009


Kuldip Singh
                                                   ....Appellant.

               Versus

The Presiding Officer, Labour Court, Patiala and others
                                                 ....Respondents.


Coram:- Hon'ble Mr.Justice J.S. Khehar
        Hon'ble Mr. Justice S.D. Anand


Present: Mr. Vinok K. Kaushal, Advocate
         for the appellant.

                   ...

J.S. Khehar, J. (Oral).

During the course of hearing, learned counsel for the appellant

was confronted with the following observations recorded by the learned

Single Judge while disposing of Civil Writ Petition No.1293 of 1998 :-

“All the above contentions were raised by the petitioner before

the Labour Court and the Labour Court vide its well reasoned

award dated 13.8.1997 found the petitioner guilty of

misappropriation of the funds by charging Rs.5/- from 21

passengers. The domestic inquiry also found the petitioner

guilty. The Labour Court also found him guilty. Moreover,

there is confession on the part of the petitioner. So in these

circumstances, the finding of fact recorded by the Labour Court

cannot be interfered with writ Jurisdiction.”
LPA No. 116 of 2009 2

Learned counsel for the appellant could not controvert the factual position

taken into consideration by the learned Single Judge, including the fact that

the appellant had made a confession.

In view of the above, we find no merit in this appeal and the

same is, accordingly, dismissed.

Since the instant appeal has been disposed of on merits, it is not

necessary for us to pass any order in the application for condonation of

delay in filing the appeal.

( J.S. Khehar )
Judge

( S.D. Anand )
Judge
26.08.2009
sk.