AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. DASHRATHBHAI BALUBHAI BRAHMAKSHATRIYA

JUDGEMENT

(1.) Having heard the learned Counsels appearing for the parties, I dispose of the petition finally.

(2.) The workman-respondent in the main Special Civil Application was dismissed from service on 8-4-1985 on the ground of wilful absence from duty without leave in pursuance to the charge-sheet served on 13-12-1984. The Labour Court found that holding of the enquiry was not valid. It also came to the conclusion that the absence was due to an accident which resulted in multiple fracture of the workman's bones and therefore, in these circumstances he having a reasonable cause for absence the penalty of dismissal was disproprtionate to misconduct proved, and not justified. It was, therefore, substituted with the penalty of stoppage of one grade increment. The respondent was denied backwages to the extent of 50%. The petitioner challenges the award on two-fold grounds; Firstly, when there was no challenge to the validity of the enquiry held by the management the Labour Court was not justified in coming to a conclusion contrary to it; in view of the past record of the habitual unauthorised absence there was no justification in interfering with the penalty imposed.

(3.) Having carefully considered, I am of the opinion that no ground for interference has been made out.