AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. BALDEVSINH AJITSINH ZALA

JUDGEMENT

(1.) Rule. Learned advocate Shri V.M.Dhotre waives service of notice of rule on behalf of the respondent. At the request of the learned advocates appearing for the parties, the petition is heard for final disposal today.

(2.) In the present petition, the petitioner has challenged the order dated 2.4.04 passed by the Industrial Tribunal, Ahmedabad below Ex.2 in Complaint (IT) No.297/03.

(3.) The short facts leading to the present petition are that the respondent workman while working as a Driver with the petitioner, Ahmedabad Municipal Transport Service, is alleged to have had an altercation with one Dahyabhai Haridas Patel who was working as a Conductor with the petitioner Corporation on 9.9.02. Said Shri Dahyabhai Patel, therefore, filed a criminal complaint against the respondent alleging offences punishable under section 325, 323 and 427 of the Indian Penal Code. It is also the case of the petitioner that due to the assault by the respondent on Dahyabhai Patel, said Shri Dahyabhai received physical injuries and had to be hospitalised.