GSRTC THROUGH DIVISIONAL CONTROLLER Vs. HANIFABEN ABDULBHAI VOHRA

JUDGEMENT

(1.) Heard Mr.H.S. Munshaw, learned counsel for the petitioner and Mr.K.D. Pandya, learned counsel for the respondents.

(2.) Gujarat State Road Transport Corporation, being aggrieved by the order dtd.7/7/1995 passed by the Labour Court, Nadiad in Recovery Application No.17 of 1993, filed under sec.33-C-2 of the Industrial Disputes Act, is before this Court with a submission that in view of the special facts and circumstances of the case, the court below was absolutely unjustified in granting the application.

(3.) The petitioner, while on duty was transferred, because of his alleged misconduct in making an attack on the officer of the Corporation. He did not join at the transferred place, therefore, he was placed under suspension. However, chargesheet could not be served upon the workman and inquiry could not be concluded within a period of 60 days, therefore, the order of suspension was withdrawn. Despite withdrawal of the order of suspension, the respondent workman did not choose to join at the place of transfer, however, he filed an application before the learned Labour Court to obtain an interim order, which the Labour Court granted in favour of the workman. The establishment / employer submitted that before the service of the interim order, the transfer order and suspension order were already implemented, therefore, such proceedings could not be continued. The workman, being aggrieved by the said stand taken by the establishment, filed a contempt petition but later on withdrew the same.