DIVISIONAL CONTROLLER Vs. BALWANTSINGH CHATURSINGH SOLANKI

JUDGEMENT

(1.) RULE . Shri Mukesh H. Rathod, learned advocate waives service of notice of Rule on behalf of the respondent in Special Civil Application No. 8760/2010.

(2.) SPECIAL Civil Application No. 8760/2010 has been preferred by the petitioner Gujarat State Road Transport Corporation challenging the impugned judgment and award dated 25.11.2009 passed by the Labour Court, Himmatnagar in Reference (LCH) No. 60/2004, by which the Labour Court has partly allowed the said reference directing the petitioner to pay all benefits available to the respondent inclusive of retiral benefits with 40% back wages from the date of termination i.e. 01.10.2002 to 31.10.2005.

(3.) HAVING heard the learned advocates appearing on behalf of respective parties, it appears that in a departmental inquiry, charge of remaining unauthorizedly absent for 20 days came to be proved. It is an admitted position that the workman did not participated in the inquiry. That on conclusion of the departmental inquiry and having found that the charge of remaining unauthorizedly absent for 20 days came to be proved and considering his earlier 11 misconducts/defaults, petitioner Gujarat State Road Transport Corporation passed an order of dismissal, which came to be challenged by the workman, which was referred to the Labour Court, Himmatnagar and which was numbered as Reference (LCH) No. 60/2004.