DIVISIONAL CONTROLLER Vs. BHIKHABHAI RAMABHAI VASAVA

JUDGEMENT

(1.) Present petition is filed by the petitioner under Articles 14, 226 and 227 of the Constitution of India and under the provisions of Industrial Disputes Act challenging impugned award dtd. 25/5/2012 passed by the Labour Court, Bharuch in Reference (L.C.B.) No. 123 of 2005 seeking below mentioned relief/s:-

(2.) The short facts giving rise to present petition are that the respondent workman / driver was on night duty on 5/11/1995. As the respondent workman did not come on duty the trip to Jhanor had cancelled and due to that the petitioner suffered loss of Rs.450.00 and also had paid overtime of four hours. The respondent had also remained absent from 5/11/1995 to 13/11/1995, 12/10/1995 to 13/10/1995 and 19/10/1995 to 27/10/1995 without prior approval and till the date of passing of the termination order i.e. 15/4/1996. The respondent workman was served charge-sheet which was not replied. A departmental inquiry was held against the workman which was informed to him by R.P.A.D. as well as personally but the workman did not remain present in the departmental inquiry.

(3.) Heard Mr. Hardik Raval, learned Counsel for the petitioner and Mr. Vijay H. Nangesh, learned Counsel for the respondent workman.