GSRTC Vs. KASUBEN

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 24th January 2005 passed by Labour Court, Palanpur in Reference (LCP) No.85 of 2002 whereby the reference is partly allowed and set aside the order of dismissal and directed the petitioner to reinstatement the respondent with continuity of service and 60% back wages.

(2.) The respondent was serving as driver with the petitioner Corporation. The service record of the respondent was not good and he had committed 24 defaults in his career. Though the respondent was called upon to resume his duty he refused to do so. A departmental inquiry was initiated against him and ultimately his services came to be terminated. The respondent filed departmental appeal and thereafter he accepted the dismissal order and informed that he is not interested in service and his appeal may be rejected. Accordingly the appeal was rejected. In pursuance of this the dues of the respondent was paid which he accepted. After receiving the amount the respondent raised dispute which was referred to the Labour Court and the Labour Court passed the aforesaid judgement and award against which the present petition has been filed.

(3.) Heard the learned Advocates for the respective parties and perused the relevant documents on record. As a result of this exercise, I am of the view that as held by the Labour Court the misconduct alleged against the respondent did not warrant dismissal from service and therefore the Labour Court has rightly set aside the order of the dismissal.