APOLLO TYRES LIMITED Vs. RAJENDRA CHANDULAL PANCHAL

JUDGEMENT

(1.) THE first party-employer in Reference (LCV) No. 822/1997 in the Court of Presiding Officer, Labour Court, Vadodara, has approached this Court by way of filing this petition under Articles 226 and 227 of the Constitution of India, challenging the award and order passed by the Labour Court, partly allowing the reference directing reinstatement of the workman-respondent no.1 with continuity of service and 10% of back wages without any cost. This award and order was passed on 13.02.2008.

(2.) FACTS in brief leading to filing this petition, as could be culled out from the memo of petition as well narration in the award be set out as under.

(3.) LEARNED counsel appearing for the employer invited this Court's attention to the facts, which has not been disputed in any manner, which indicated that from January 1996 to February, the workman remained absent on many occasion, as could be seen from page no.20. The intermittent absence of the workman caused consternation and impediment in smooth production and functioning which left the management with no choice, but to issue charge sheet of misconduct, wherein also during the inquiry proceedings, the workman chose to remain absent and did not care to come forward to defend his stand in any manner. Ultimately, when the charge sheet culminated into second show cause notice and dismissal order, the same was assailed by way of raising dispute by way of reference which could not have been even partly allowed by the Court.