DIVISIONAL CONTROLLER Vs. RAGHABHAI JALMABHAI TARAL

JUDGEMENT

(1.) . The Gujarat State Road Transport Corporation through its Divisional Controller-Palanpur (in short `Corporation'), petitioner has filed this petition under Articles 226 and 227 of the Constitution of India challenging the judgment and award dated 16th October, 1987, passed by the Presiding Officer, Labour Court, Ahmedabad in Reference (LCA) No.268 of 1986. The Labour Court by its impugned judgment and award partially allowed the reference and set aside the punishment of dismissal inflicted upon Shri Raghabhai Jalmabhai Taral respondent herein. The Labour Court directed the Corporation to reinstate respondent-workman on his original post with continuity of service but without backwages within one month from the date of punishment of the award.

(2.) . The facts giving rise to this application are as under:

(3.) . Learned counsel for the petitioner submitted that the State Road Transport Corporation is constituted under the Sec.3 of the Road Transport Corporations Act, 1950. The Corporation has been established to offer advantages to the public, trade and industry by the development of road transport and for the desirability of co-ordinating any form of road transport with any other form of transport, and also for the desirability of extending and improving the facilities for road transport in any area and of providing an efficient and economical system of road transport service therein. He has referred the certain sections of the Road Transport Corporations Act, 1950, which reads as under: