High Court Punjab-Haryana High Court

Sanjay Kumar vs General Manager on 17 November, 2009

Punjab-Haryana High Court
Sanjay Kumar vs General Manager on 17 November, 2009
Letters Patent Appeal No.624 of 2009 (O&M)                            1

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH.


                            Letters Patent Appeal No.624 of 2009 (O&M)
                            Date of Decision:-17.11.2009


Sanjay Kumar                                                 --Appellant

                                     Versus

General Manager, Haryana Roadways, Hissar and others         ---Respondents

CORAM:- HON’BLE MR.JUSTICE J.S.KHEHAR
HON’BLE MR.JUSTICE MEHINDER SINGH SULLAR

Present:- Mr.A.K.Singh Goyat, Advocate for the appellant.

J.S.KHEHAR, ACJ.(ORAL)

CM No.3324 of 2009

For the reasons indicated in the instant application and on

account of personal affidavit filed by the learned counsel for the applicant-

appellant, the civil miscellaneous application is allowed. Order dated

12.11.2009 dismissing the letters patent appeal for non-prosecution is

recalled.

In view of the above, the instant appeal is directed to be

restored to its original number.

LPA No.642 of 2009

While seeking to challenge the determination rendered by the

Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar as also by

the learned Single Judge of this Court in disposing of CWP No.14529 of

2008 vide order dated 17.2.2009, the solitary contention of the learned

counsel for the appellant is based on the statement of Mahabir Singh MW-2.

Based on the aforesaid statement, it is the vehement contention of learned
Letters Patent Appeal No.624 of 2009 (O&M) 2

counsel for the appellant that the appellant was not involved in any manner

whatsoever in the theft of aluminium. It is also the case of learned counsel

for the appellant that no stolen article was recovered from the appellant.

It is not possible for us to accept the solitary argument

advanced at the hands of the learned counsel for the appellant. Statement of

Mahabir Singh is available on the record of this case as MW-2. It is the

aforesaid Mahabir Singh, who had detected the commission of theft at the

hands of the appellant whereupon the appellant fled away leaving behind

the bag containing the stolen articles. The statement of Mahabir Singh was

not only accepted by the Labour Court but also by this Court. The factual

position affirmed by the Labour Court is on the basis of the evidence placed

before it. It stood established that the appellant was in the process of

committing theft but on being detected ran away leaving behind the bag

containing the stolen articles. It is not possible for us in exercise of the

appellate authority vested in us to interfere in findings of fact, especially

when there is no material on record to demonstrate that the conclusions

drawn by the Labour Court as also by the learned Single Judge are not

sustainable. Additionally, it may be pertinent to mention that the report

submitted by Mahabir Singh MW-2 dated 9.9.1996 (placed on the record of

Labour Court as Ex.M3) was not appended to the writ petition filed by the

appellant. It is in the aforesaid report Ex.M3 that the appellant came to be

indicted for the theft committed by him. In the absence of any challenge to

the report, it is natural to conclude that there was no material with the

appellant to assail the same.

In view of the factual position noticed here-in-above, we are

satisfied that the findings of fact recorded by the Labour Court as also by
Letters Patent Appeal No.624 of 2009 (O&M) 3

the learned Judge of this Court need no interference at our hands.

For the reasons recorded here-in-above, we find no merit in the

instant appeal and the same is accordingly dismissed.




                                                       (J.S.Khehar)
                                                    Acting Chief Justice



                                                  (Mehinder Singh Sullar)
17.11.2009                                                  Judge
AS