AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. RANJITSINH BALUSINH

JUDGEMENT

(1.) Assailing the award and order of the Labour Court, Ahmedabad, Dated: 20.01.2007, in Reference (LCA) No. 1564/1998, the petitioner-Corporation has preferred this petition under Articles 226 and 227 of the Constitution of India.

(2.) The Respondent-workman was an employee of the petitioner-Corporation, serving in the cadre of Driver. He was issued a charge-sheet dated 21.11.1993 on the ground of his habitual absenteeism. It is alleged that the Respondent remained unauthorizedly absent from February to April 1993 for a total period of 64 days. The Respondent, however, neither accepted the charge-sheet nor did he participate in the departmental proceedings and ultimately, the Inquiry Officer vide his report dated 07.12.1995 held, all the charges levelled against the Respondent, to have been proved. Pursuant thereto, second show-cause notice dated 03.04.1996 was issued to him, which was also not replied by the Respondent. Therefore, the order of dismissal came to be passed by the petitioner-Corporation on 27.08.1996.

(3.) Therefore, the Respondent through Union made a request for reference vide General Demand Reference (IT) No. 433 of 1992. Thereafter, the petitioner-Corporation preferred Approval Application No.203 of 1996 before the Industrial Tribunal under the provisions of Section 33- A920(B) of the Industrial Disputes Act (for short, 'the ID Act'). Further, the Respondent filed Reference (LCA) No. 1564/1998 before the Labour Court, Ahmedabad, challenging the order of his dismissal. The Labour Court after hearing the parties delivered the award on 20.01.2007, directing the petitioner-Corporation to pay full backwages for the period from 28.09.1998 to 10.11.2001 so also all the retiral benefits, since, the respondent had attained the age of superannuation by that time.