LAWS(GJH)-2012-9-244

APOLLO TYRES LTD Vs. DIPAK BHAGWATIPRASAD UPADHYAY

Decided On September 24, 2012
APOLLO TYRES LTD Appellant
V/S
Dipak Bhagwatiprasad Upadhyay Respondents

JUDGEMENT

(1.) ORAL JUDGMENT 1. Heard learned advocates appearing for the parties.

(2.) THE petitioner, first party employer, in Reference (LCV) No.984/1996 from the Court of Labour Judge, Vadodara, has approached this Court under Articles 226 and 227 of the Constitution of India, challenging the order and award dated 13.07.2001 passed by the Labour Court declaring that the order of termination of the respondent workman dated 12.05.1996 was improper, unjust and illegal and hence deserved to be quashed and set aside and accordingly it was quashed and set aside and 50% back wages were awarded Rs.1000/ - towards cost.

(3.) LEARNED advocate for the petitioner invited this Court's attention to the documents at page nos. 25 and 26 and submitted that the factum of absentism without due sanction is proved beyond doubt and, therefore, the petitioner could not have been expected to hold inquiry which was an empty formality.