DIVISIONAL CONTROLLER Vs. PATHAN IDRISHMIYA BHIKUMIYA

JUDGEMENT

(1.) Heard Mr.Hardik Rawal, learned advocate for the petitioner Employer and Mr.Vivek Bhamare, learned advocate for the contesting respondent No.1 Workman.

(2.) Challenge in this petition is made to the award passed by the Labour Court, Palanpur, dated 28.02.2013 in Reference (LCP) No.28 of 2010, whereby the respondent workman is ordered to be reinstated in service with continuity of service, without back wages.

(3.) Learned advocate for the petitioner Employer has submitted that, there was inordinate and unexplained delay on the part of the respondent workman. It is further submitted that, no infirmity was found by the Labour Court in the departmental inquiry, either on merits, or in the procedure. It is submitted that, under these circumstances, the punishment imposed by the petitioner on the respondent workman, ought not to have been interfered by the Labour Court. Learned advocate for the petitioner has taken this Court through the factual aspects, including earlier round of litigation, which are on record, reference to which is made hereinafter. It is submitted that, the impugned award be quashed and set aside.