AHMEDABAD MUNICIPAL TRANSPORT SERVICES Vs. BHAGVATBHAI AMBALAL PRAJAPATI

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 26.06.2006 passed by the learned Presiding Officer, Labour Court, Ahmedabad in Reference (L.C.A) No. 2416 of 1995 whereby the Labour Court directed the petitioner to reinstate the respondent along with 75% back wages.

(2.) The respondent was appointed in the cadre of Conductor by the petitioner-Corporation. When the respondent was on duty on 05.02.1993 he abandoned the duty without giving any intimation to the authority and without prior permission of the authority. He was chargesheeted and after departmental inquiry, he was dismissed from service. The respondent thereafter raised a dispute which culminated in the aforesaid Reference and the Labour Court has passed the judgement and award as stated hereinabove.

(3.) Learned advocate for the petitioner has submitted that pursuant to the order dated 19.03.2007 passed by this Court, the respondent was reinstated in service as a fresh recruit and such reinstatement in service was subject to the result of this petition. Learned advocate for the petitioner further submitted that the respondent-workman has admitted that he has left the trip. However, the Labour Court has granted 75% backwages which comes to Rs. 6, 79, 000/- from 17.02.1995 to 31.12.2006.