KHUMANBHAI RUPSINGBHAI VASAVA Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) The petitioner, a Conductor employed by the respondent Gujarat State Road Transport Corporation (hereinafter referred to as Sthe Corporation), has challenged the judgment and award dated 8th June, 2000 passed by the learned Labour Judge, Surat in Reference (LCS) No. 241 of 1998.

(2.) It appears that the petitioner was employed as a Conductor by the Corporation. While in service, he remained absent from service from 9th November, 1997 to 1st December, 1997. For this act of misconduct, a disciplinary proceeding was conducted against him. On the guilt being proved, by order dated 29th April, 1998, he was removed from service. Feeling aggrieved, he raised industrial dispute which came to be referred to the Labour Court, Surat and registered as Reference (LCS) No.241 of 1998. The Labour Judge, by the impugned judgment, rejected the claim of the workman. The Labour Court observed that the imputation of charge made against the workman was proved; that his service record was not satisfactory; that in past he was punished for as many as 31 misconducts, of which 14 were that of remaining absent from service. On one such occasion, by order dated 27th September, 1996, he was dismissed from service. Considering the above facts, the learned Judge was of the opinion that the punishment of removal from service imposed upon the workman was just and proper and refused to invoke powers conferred by Sec.11-A of the Industrial Disputes Act, 1947. Feeling aggrieved, the workman has preferred the present petition.

(3.) Learned advocate Mr.Thakore has appeared for the petitioner. He has submitted that the petitioner is now about to reach the age of superannuation. He has submitted that pending the present petition, on 26th January, 2001, the petitioner has made representation to the Divisional Controller, Surat. He has submitted that the petitioner shall pursue the said representation and shall accept the decision on the said representation as final and binding to him.