AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. SHIVKUMAR MULCHAND ROHIDA

JUDGEMENT

(1.) Heard Mr. Chauhan and Mr. Munshaw, learned advocates for the petitioner and Mr. Rathod, learned advocate for the respondent.

(2.) In present petition the petitioner Ahmedabad Municipal Transport Service (hereinafter referred to as "AMTS") has challenged the award dated 17.12005 passed by the learned Labour Court in Reference (LCA) No. 947 of 1999 whereby the learned Labour Court, after having taken into account the fact that the claimant workman crossed the age prescribed for superannuation directed the petitioner AMTS to pay all retiral benefits to the concerned workman by purportedly exercising power conferred by Section 11-A of the Industrial Disputes Act (hereinafter referred to as the "Act").

(3.) Learned labour Court has specifically reached to the findings and conclusions that the allegation and charge against the respondent of habitually remaining absent without leave and the allegation and charge that claimant - workman continuously remained absent without leave from 2.2.1997 to 17.5.1997 are proved and also having reached to the conclusion that even during the departmental inquiry the respondent workman did not remain present and having also reached to the conclusion that the domestic inquiry conducted against the claimant - workman is legal and proper and does not suffer from any defect and also having reached to the conclusion that the findings recorded by Inquiry Officer are correct and just, the learned labour Court interfered with the penalty order passed by the petitioner AMTS only on the ground that according to the Court's view the penalty imposed by the petitioner AMTS was excessive.