PRABHAKAR MAHADU SALVE Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) This letters patent appeal filed under Clause 15 of the letters patent takes exception to the judgment of the learned Single Judge dtd. 9/8/2011 passed in Writ Petition No.1525 of 2011. By the said judgment the writ petition preferred by the appellant under Articles 226 and 227 of the Constitution of India challenging the judgment of the Industrial Court dtd. 4/9/2007 refusing to grant the relief of back wages came to be dismissed. The challenge in this letters patent appeal is restricted to the denial of back wages to the appellant.

(2.) The facts in brief are that the appellant was employed as a Driver with the respondent-Maharashtra State Road Transport Corporation. It is his case that he had put in about seventeen years of satisfactory service. By an order dtd. 28/9/1991 he was dismissed from service after holding an enquiry on the ground that he had remained absent from duty without any sufficient cause. The aforesaid order of dismissal was challenged by the appellant by filing a complaint under Sec. 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, 'the Act of 1971').

(3.) In the written statement filed by the respondent the averments as made in the complaint were denied. It was stated that the appellant had been paid an amount of Rs.50.00 (Rupees Fifty) by way of advance to enable him to go to Nagpur for his medical check-up on 27/10/1990. The appellant did not go to Nagpur on the said date. He also remained absent from duties from 26/10/1990 to 8/11/1990 without permission. The enquiry held on the aforesaid two charges was after giving due opportunity to the appellant and as the charges were proved the punishment of dismissal from service came to be issued.