DEPOT MANAGER Vs. PREVEENBHAI AMARSINGH MORI

JUDGEMENT

(1.) By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the judgment and award dated 06th August 2008 passed by the Labour Court, Bhavnagar in Reference (LCB) No.43 of 2002, whereby the Reference of the petitioner came to be rejected.

(2.) The facts in brief are that the respondent was discharging his duty as an electrician with the petitioner-Corporation and on account of an unauthorised leave taken by him on 05th December 2000, he was issued chargesheet. After following due procedure, the disciplinary authority of the petitioner-Corporation dismissed him from service on 26th November 2001. Against the said action, the respondent raised a dispute by way of Reference (LCB) No.43 of 2002, which was partly allowed, by way of impugned judgment and award. Hence, present petition.

(3.) Heard learned counsel appearing for the respective parties and perused the documents on record. It transpires from record that the respondent has attained the age of superannuation on 31st March 2005 after completing a long service tenure of 32 years. The respondent was found guilty of taking unauthorised leave. Being an employee, attached with a public utility sector, it was the duty of the respondent to take necessary care and caution while discharging his duties.