HARISINH C. CHHASATIYA Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) xxx xxx xxx.

(2.) The petitioner was working as electrician with the respondent-Corporation for ten years prior to November 1978. The petitioner was charge-sheeted by the Corporation for having remained absent without leave for the period between 9-11-78 to 24-12-78. Thereafter a departmental inquiry was held against the petitioner and the petitioner was discharged from service on 27-4-79. Being aggrieved by the said decision, present petitioner had approached the Labour Court and the Labour Court found by its order dt. 20-1-82 that the departmental inquiry held against the petitioner was not proper and legal. However, he proceeded to hear the case on merits by giving opportunity to the employer of the petitioner to lead evidence in order to justify action against the petitioner. The Labour Court on appreciating the evidence produced before it came to the conclusion that the petitioner had misconducted himself by not remaining on his duty and by remaining absent without sanctioning the leave and he was guilty of the charge levelled against him. However, the Presiding Officer of the Labour Court found that the order of the dismissal of the present petitioner was not justified. He, therefore, modified the punishment by passing the following order:

(3.) xxx xxx xxx.