Gujarat State Road Transport Corporation vs Harun Rasid Mohmad Munshi

K.S. Jhaveri, J.—This petition is directed against the judgement and award dated 19th April 2003 passed by Labour Court, Bharuch in Reference (LCB) No. 20 of 1991 whereby the Labour Court directed the petitioner to reinstate the respondent along with 10% back wages.

The respondent was working with the respondent Corporation as casual driver. Since the respondent has committed mis conduct he was chargesheeted and after departmental inquiry his services came to be terminated. The first appeal filed by the respondent came to be dismissed. The respondent thereafter raised a dispute which culminated in the aforesaid Reference and the Labour Court has passed the judgement and award as stated hereinabove.

Heard the learned Advocates for the respective parties and perused the relevant documents on record. As a result of this exercise I am of the view that no case is made out to interfere with the award of reinstatement with continuity of service.

However, there was no plea nor evidence or proof to show that from the alleged discontinuation of his service till the date of the award, the respondent was not in gainful employment. Therefore looking to the fact that he was dismissed from service due to the misconduct, I am of the view that there was no justification for grant of back wages, especially when the workman has not worked on the post during the interregnum period.

In the premises aforesaid, the impugned judgement and award qua the back wages is quashed and set aside. The rest of the award is not disturbed. Rule is made absolute accordingly with no order as to costs. The respondent shall implement the award within four months from today.