UNION OF INDIA Vs. KESHRIBEN MANSUKHBHAI

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed to quash and set aside the impugned order dated 04.12.2003 passed by the Labour Court, Godhra in Central Recovery Application No. 2 of 1995, whereby the Labour Court has directed the petitioner to pay an amount of Rs.4,10,000/- with interest @ 9% along with costs of Rs.5,000/- to the respondent.

(2.) The short facts of the case are that the deceased husband of the respondent was working as Trolly Man in P.W.I. Department, Godhra. As the deceased husband of the respondent had remained unauthorizedly absent, the petitioners served a charge sheet upon him. Thereafter, vide order dated 03.09.1974, the deceased husband of the respondent was asked to report for duty in Gang no. 7 within a week. As he did not report for duty, an inquiry was conducted against him and on completion of the inquiry as the charges levelled against the husband of respondent were proved, penalty of removal from service was imposed by the petitioners vide order dated 30.11.1976.

(3.) Heard learned counsel for the respective parties and perused the documents on record. The main grievance raised by the respondent is that her deceased husband was not aware about the order dated 26.06.1977 passed by the appellate authority of the petitioners. However, from the document which has been produced on record, at Annexure-'D' to the petition, it appears that the deceased husband of the respondent was very much aware about the passing of the said order by the appellate authority of the petitioners. Therefore, this Court is unable to agree with the stand taken by the respondent herein that her deceased husband was unaware about the passing of the said order by the appellate authority.