AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. SIRAJUDDIN MUNIRUDDIN SHAIKH

JUDGEMENT

(1.) (Per : HONOURABLE MR.JUSTICE R.S.GARG) Present is an appeal under Clause-15 of the Letters Patent by Ahmedabad Municipal Transport Service being aggrieved by Order dated 9th November, 1998 passed in Special Civil Application No.8356 of 1997.

(2.) It appears that an accident under the hands of the present respondent-driver led to a departmental inquiry, which culminated into termination of the present respondent and further leading to a reference before the Labour Court. The Labour Court did observe that the respondent was changing his stand from time to time and in fact, was negligent in driving the bus. The Labour Court, however, observed that present was not a case where the order of termination was called for. The Labour Court, accordingly, directed reinstatement of the respondent-workman with 50% back-wages. The order, not being palatable to the appellant, was challenged in the Special Civil Application and after dismissal of the same, they are before the Division Bench.

(3.) Mr.H.S.Munshaw, learned Counsel for the appellant, submits that in view of the findings recorded by the Labour Court and approved by the learned single Judge, there was no scope for directing the reinstatement or award of 50% back-wages. His submission further is that certain claims have been filed under the provisions of the Motor Vehicles Act, which will have to be made by the appellant-Corporation and the Corporation has to suffer losses in the form of loss to the bus. His submission is that present is a fit case for directing termination of the present respondent. In the alternative, it was argued that if present is found to be a fit case for reinstatement, then, no back-wages should have been awarded or in any case, a direction ought to have been issued in favour of the appellant and against the respondent that in the event of liability to pay the compensation stares in the face of the appellant, then, the respondent would be asked to make the payment of the compensation amount along with interest.