KADARBHAI J. SUTHAR Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) xxx xxx xxx.

(2.) xxx xxx xxx.

(3.) It may be noted that on account of the said accident a police case was also filed against the petitioner in the Court of learned J.M.F.C., Modasa being Criminal Case No. 1274/1985. That vide judgment and order dated 17 -1 -1986, the petitioner was acquitted in respect to the charge of offences made punishable under Sections 279 and 304 -A of the Indian Penal Code. That the material of said criminal case and judgment was relied on before the Presiding Officer, Labour Court, when the Reference was heard. It appears from the record that the learned Presiding Officer has invoked the provisions of Section 11 -A of the Industrial Dispute Act, 1947 and has directed the respondent to reinstate the petitioner on the original post without backwages.