BABUBHAI HATHIBHA VAGAD Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) By virtue of this petition, workman of Gujarat State Road Transport Corporation ('the Corporation' for short) filed the petition. He challenged award dated 8.6.2011 passed by the learned Labour Court in Reference No.1541 of 2001 whereby the learned Labour Court rejected the reference filed by him.

(2.) So far as the facts involved in this case are concerned, it has emerged from the record that the original claimant was employed with the Corporation as Driver. Initially, he was engaged on daily wage basis/badli basis and subsequently, he was confirmed in service. The claimant suddenly and unauthorisedly and without any intimation to the Corporation allegedly stopped reporting for duty with effect from 16.11.1996. Consequently, his service was terminated after issuing charge sheet and after conducting enquiry, the service of the claimant came to be terminated on 13.10.1998. Feeling aggrieved by the said decision, the claimant filed departmental appeal (first appeal) before the Appellate Authority. It appears that the Appellate Authority considered the appeal and with a view to granting opportunity to the claimant to improve his conduct, the termination order came to be set aside and the Appellate Authority directed that the workman may be engaged as fresh employee.

(3.) So far as the factual aspects are concerned, they are not in dispute. The fact that the claimant had stopped reporting for duty and he unauthorisedly remained absent, is not in dispute.