MUKESH BAVANJIBHAI PARGHI Vs. DIVISION CONTROLLER

JUDGEMENT

(1.) Special Civil Application No.5756 of 2020 is filed by the petitioner - employee under Articles 226 and 227 of the Constitution of India seeking following reliefs:-

(2.) Special Civil Application No. 9351 of 2020 is filed by the petitioner - employer under Articles 226 and 227 of the Constitution of India for quashing and setting aside the impugned award dtd. 22/11/2019 passed by the learned Senior Civil Judge, Labour Court No.2, Rajkot in Reference (LCR) Case No. 49/2018.

(3.) The facts of the present case, in nutshell, are that the employee was serving with employer as a driver and his services came to be terminated on the ground that he had consumed liquor while he was on duty on the route from Jhalod to Jasdan and he was intoxicated, due to which Criminal Case No.378/2015 was filed before the Judicial Magistrate, First Class, Gondal whereby he was acquitted by the learned Magistrate and despite this fact, the petitioner was terminated from the services without following due procedure. Being aggrieved, the petitioner had preferred Reference (LCR) Case No. 49/2018 before the Labour Court, which came to be dismissed.