VEJABHAI RAJABHAI JAMRIYA Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) RULE . Learned advocate Mr. H. S. Munshaw waives service of notice of Rule on behalf of respondent Nos.1 and 2. Respondent No.3 being a non -contesting party, service of notice of Rule on respondent No.3 is dispensed with.

(2.) THE workman has brought under challenge judgment and award dated 24.10.2013 passed by Labour Court, Jamnagar, in Reference (LCJ) No.81 of 2008. Thereby, it directed for withholding of three increments of the workman with permanent effect. It was further directed to take back the workman in service afresh.

(3.) AN industrial dispute was raised by the petitioner -workman invoking jurisdiction of the Labour Court, seeking the relief of reinstatement with full backwages. He was employed as driver with the respondent -Corporation. He came to be removed from service by order dated 23.05.2007 pursuant to chargesheet issued and the departmental inquiry held against him. The charge levelled against him was of misconduct of remaining absence without leave for period from 01.04.2005 to 16.06.2005. It was the case of the workman that because of illness, he could not come on duty and that he had accordingly informed the employer in that regard. It was the further case that when he resumed the duty, he submitted the medical certificate confirming his illness, but the same was not accepted and he was subjected to a departmental inquiry, culminating into the order of termination.