AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. BODAR AUGUSTIN BHURJIBHAI

JUDGEMENT

(1.) Draft amendment is allowed. To be carried out forthwith.

(2.) RULE. Learned Advocate Mr.Yogen Pandya waives service of Rule on behalf of respondent No.1.

(3.) This petition under Article 226 of the Constitution of India is filed by the Ahmedabad Municipal Transport Service against judgment and award 31/12/2016 passed by the Chief Presiding Officer, Labour Court, Ahmedabad in Reference (T) No.309 of 2004. It is the case where respondent No.1, who was employed as a conductor with the petitioner-Corporation, was dismissed from service on the ground of his continuous absenteeism, against which the respondent-workman had raised Reference (T) No.309 of 2004 claiming reinstatement with back wages on his original post. The Chief Presiding Officer of the Labour Court, by the impugned judgment and award, partly allowed the Reference confirming misconduct of absenteeism, but in exercise of powers under Sec. 11A of the Industrial Disputes Act, reduced the punishment from dismissal to withholding of two increments with permanent effect.