DIVISIONAL CONTROLLER Vs. SUNIL M. JOSHI AND ORS.

JUDGEMENT

(1.) The present is filed under Articles 226 and 227 of the Constitution, wherein the petitioner -Gujarat State Road Transport Corporation has challenged judgment and award dated 27th August, 2014 passed by Labour Court, Bhuj -Kutch in Reference No. 20 of 2010, whereby the Labour Court set aside the action of petitioner -employer in terminating the services of respondent -workman, directing to reinstate him on his original post with continuity of service and consequential benefits with 50% back wages.

(2.) The respondent -workman invoked the jurisdiction of Labour Court raising industrial dispute in respect of termination of services effected from 25th May, 2006, praying for reinstatement and full back wages. It was the case of the workman before the Labour Court in his statement of claim at Exhibit 4 that he was working under the first party employer since last 20 years as Conductor in the pay -scale of basic Rs. 02,550/ -. It was his case that the termination of his services pursuant to departmental inquiry was based on wrongful findings of the Inquiry Officer and the same was illegal. The petitioner -Corporation contested the Reference by filing written reply at Exhibit 10.

(3.) As per the facts on record, the second party workman was employed as Conductor and was posted at Anjar Depot, he came to be served with chargesheet dated 03rd August, 2005 in respect of charges of unauthorized absence from duty; he remained on unauthorized leave without prior approval from 07th February, 2005 till 18th February, 2005. The case of the Corporation is that though a letter dated 03rd August, 2005 was sent to the workman through Registered Post A.D. asking him to resume the duty, the said letter was not accepted by the workman and the same returned with postal endorsement "unclaimed". The workman did not submit any report or explanation for his leave which resulted into the aforesaid chargesheet for the said misconduct.