LANCERS CONVENT SENIOR SECONDARY SCHOOL Vs. JAI PRAKASH

JUDGEMENT

(1.) The petitioner has challenged the award dated 26th May, 2011 whereby the Labour Court has awarded reinstatement with full back wages to the respondent.

(2.) The petitioner is a recognized private un-aided senior secondary school in which the respondent was working as a driver for a school bus. The respondent remained absent from duty without leave from 15th February, 2007 to 26th February, 2007. On 27th February, 2007, the respondent reported for duty when he was asked by the school to submit the medical fitness certificate to drive the school bus.

(3.) On 28th February, 2007, the respondent submitted a letter dated 28th February, 2007 in which he disclosed that he was not ill from 15th February, 2007 to 26th February, 2007 but was facing trial of a case under Section 279/337 IPC registered in P.S. Model Town in which he was convicted and sent to jail. The respondent further disclosed that he filed a revision petition against the conviction order and was released on bail. The true translation of the respondent's letter in Hindi is reproduced hereunder: -