GSRTC Vs. MAGANBHAI G PATEL

JUDGEMENT

(1.) Admitted. Mr.H.K.Rathod, learned counsel for the respondent waives service of notice of admission. In the facts and circumstances, the matter is taken up for final hearing to day.

(2.) This appeal is directed against the judgment and order passed by the learned Single Judge in Special Civil Application No. 6994 of 1996. The appellant-Gujarat State Road Transport Corporation("Corporation" in short) was original petitioner before the learned Single Judge which had filed the petition against the respondent-workmen.

(3.) Relevant facts leading to the filing of the present LPA, briefly stated, are as under: The respondent-workman was working as a Conductor with the Corporation who was discharging his duties at Surat Division on the post of Conductor. On May 15, 1986, he was transferred from Surat to Surendranagar. It is the case of the Corporation that inspite of the fact that he was transferred and it was obligatory on his part to report at Surendranagar, he failed to do so. Various letters, communications and registered notices were issued to him, yet he did not report for duty. In these circumstances, the Corporation thought if fit to hold departmental inquiry against him. A notice was issued on September 13, 1986 and he was called upon to show cause why appropriate proceedings should not be initiated against him and he should not be punished. Regular charge-sheet was issued on September 19, 1986, It is the case of the Corporation that though notices were served upon him, neither he remained present nor on his behalf next friend or any other person remained present. Proceedings were, therefore, conducted ex-parte and finally it culminated into recording of guilt against the respondent and he was dismissed from service on 15th May 1987. The said order was challenged by resorting Industrial dispute which was registered as Reference (LCS) No.315/90(Old No. 1825/88) and the Labour Court, Surendranagar vide award dt. January 25, 1996 ordered reinstatement of the respondent-workman within 30 days from the date of the award. So far as back wages is concerned, the Tribunal was pleased to pass an order that the workman would be entitled to 15% of back wages.