FIROZ AHAMED Vs. THE DIVISIONAL CONTROLLER, KSRTC

JUDGEMENT

(1.) The petitioner, who is the workman, has filed the above writ petition against the award dated 16.3.2013 made in Reference No. 11/2011 on the file of the I Additional Labour Court, Bangalore allowing the reference in part and setting aside the order dated 29.8.2007 dismissing him from service and directing the respondent to reinstate the petitioner into service with continuity of service and the claim of the petitioner to award backwages from the date of dismissal till the date of reinstatement and consequential benefits are rejected. The petitioner is aggrieved only in respect of rejection of backwages and consequential benefits.

(2.) The respondent -Corporation has not challenged the order passed by the Labour Court for reinstatement of the petitioner into service with continuity of service.

(3.) It is the case of the petitioner that he was a permanent employee of the respondent -Corporation working as a conductor. On the charge of unauthorized absence of 123 days, the petitioner was dismissed from service with effect from 29.8.2007. As on the date of dismissal, he had put more than 10 years of service and had maintained an unblemished service record. It is stated by the petitioner that during the second week of March, 2006, his mother was not keeping well as she was suffering from heart problem, abdomen pain, etc., and hence, he was looking after her. The doctor, who treated his mother, had advised to take regular treatment and to take rest. Except the petitioner, there was no one to look after his mother and hence, he could not attend the duty with effect from 11.3.2006 to 11.7.2006 for which period he had sent the leave letter along with medical certificates for sanction of leave. The Depot Manager ignoring the leave letter and medical certificates has submitted a false report to the respondent alleging that the petitioner is unauthorisedly absent to duty for the period stated supra.