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High Court of Punjab and HaryanaCWP/4487/2001dismissed

Satbir Singh v. Presiding Officer

2025-12-04Mr. Justice Kuldeep Tiwari3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (I) CWP-4487-2001 (O&M) Date of Decision : December 04, 2025 SATBIR SINGH -PETITIONER V/S PRESIDING OFFICER, LABOUR COURT, AMBALA AND ANR. -RESPONDENTS (II) CWP-9345-2001 (O&M) HARBANS SINGH -PETITIONER V/S PRESIDING OFFICER, LABOUR COURT, AMBALA AND ANR. -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Sanjiv Gupta, Sr. Advocate, with Mr. Aayush Bansal, Advocate for the petitioner (in both writ petitions).

Mr. R.K. Malik, Sr. Advocate, with Mr. Ankur Sheoran, Advocate for the respondent No.2 (in both writ petitions). *** KULDEEP TIWARI, J. (ORAL) 1.

Both these writ petitions are amenable for being decided through a common verdict on account of theirs not only inhering a common legal issue for adjudication, but also encompassing a common prayer for setting aside the impugned awards dated 08.09.1999, published in the gazette in March, 2000, whereby the dismissal of the petitioners/workmen from service was held to be legal and justified. 2.

The petitioners/workmen, along with Ashwani Kumar and Jai

CWP-4487-2001 & CWP-9345-2001 Ram, were issued a chargesheet dated 11.05.1991 alleging conspiracy to cheat the sugar mill/management by preparing bogus weighment vouchers. Pursuant thereto, an enquiry was conducted, which culminated in the dismissal of the petitioners/workmen as well as Ashwani Kumar and Jai Ram from service. The Labour Court upheld the dismissal as legal and justified. Aggrieved, petitioners' co-workman Ashwani Kumar challenged the decision of the Labour Court by filing CWP-16093-2000 before this Court, which was dismissed on 24.11.2000. He, thereafter, assailed the said order before the Hon'ble Supreme Court by filing SLP (C) No.8041 of 2001, which was disposed off as withdrawn vide order dated 17.08.2001. Undeterred, Ashwani Kumar again approached this Court by filing a review application RA-CW-75-2002, which too was dismissed on 21.03.2002. 3.

Referring to the above litigation history, learned senior counsel for the respondent No.2/management submits that since the legal issues concerning the validity of the chargesheet, inquiry, and dismissal have already been judicially examined and decided in the proceedings initiated by the petitioners' co-workman Ashwani Kumar, no fresh issue remains for consideration in these writ petitions.

4.

Learned senior counsel for the petitioners/workmen fairly concedes that all four workmen (including the petitioners) were issued a common chargesheet on identical allegations and were dismissed pursuant thereto, and he does not dispute the factual submission regarding the prior litigation pursued by Ashwani Kumar.

5.

In view of the above, this Court finds no occasion to reexamine the legality of the chargesheet or the enquiry, the same having

CWP-4487-2001 & CWP-9345-2001 already been considered and adjudicated in the proceedings initiated by petitioners' co-workman Ashwani Kumar. Consequently, both these writ petitions stand dismissed.

6.

Pending applications also stand disposed of accordingly. (KULDEEP TIWARI) December 04, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No