DIVISIONAL MANAGER Vs. GENERAL WORKMENS UNION

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Industrial Tribunal (Central), Vadodara in Reference (ITC) No.5/1996 dated 13.04.2000, whereby, the said reference was allowed and the petitioner has been directed to reinstate the respondent on his original post with full back wages and other consequential benefits.

(2.) The facts in brief are that the respondent-workman was appointed as a Safai Kamdar by the petitioner-Railway in 1984. It is the case of the petitioner that the respondent-workman voluntarily abandoned his services in 1986 and thereafter, raised an industrial dispute, which was referred to the Industrial Tribunal for adjudication. The Tribunal, after considering the evidence on record, allowed the said Reference by passing the impugned award. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. There is no dispute between the parties regarding the fact that the respondent was working as a Casual Labourer. It is the say of the petitioner-Railway that the respondent-workman had voluntarily abandoned his services with the petitioner. However, there is no evidence on record to show that the petitioner had issued any Notice to the respondent-workman in connection with the abandonment of his duties. Hence, the say of the petitioner that the respondent-workman had voluntarily abandoned the services cannot be believed.