DIVISIONAL CONTROLLER Vs. BADAJI VIRJI KATARA

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Labour Court, Himmatnagar in Reference (LCH) No.109/1998 dated 01.04.2004, whereby, the order of dismissal passed by the petitioner-Corporation was set aside and the petitioner was directed to reinstate the respondent on his original post with continuity of service and 30% back wages.

(2.) The facts in brief are that the respondent was charge-sheeted for disciplinary proceedings in relation to an incident that had occurred on 26.04.1995 where the respondent was found to be in a drunken position during his duty hours. Ultimately, the competent authority imposed the punishment of dismissal from service, vide order dated 10.11.1995.

(3.) Against the said order of punishment, the respondent raised a dispute, which was referred to the Labour Court, Himmatnagar for adjudication. The Labour Court, after hearing both the sides, partly allowed the reference, by way of the impugned award. Hence, this petition.