Gujarat State Road Transport Corporation vs Mansukhbhai P. Ladva

K.S. Jhaveri, J.—This petition is directed against the judgment and award passed by Labour Court, Bhavnagar, in Reference (LCB) No. 360 of 1999 whereby the Labour Court directed the petitioner to reinstate the respondent in service with continuity of service without back wages.

The respondent was serving as a driver with the petitioner Corporation. He remained absent unauthorizedly and without prior permission. An inquiry was initiated and ultimately he was dismissed from service. He therefore raised a dispute which was referred to the Labour Court wherein the aforesaid award came to be passed.

Heard the learned Advocates for the respective parties and perused the relevant documents on record. As a result of this exercise it is found that the Labour Court has considered all the aspects of the matter and discussed the evidence in detail. Having considered the facts and circumstances I am of the view that the punishment of dismissal from service is too harsh and not in consonance with the gravity of the guilt and the Tribunal has rightly quashed the order of dismissal. Even in the past there is only one default by the respondent which does not warrant such a harsh punishment. Further the Labour Court has not granted any back wages to the respondent. I am therefore in complete agreement with the reasonings adopted and findings arrived at by the Labour Court.

In the premises aforesaid, I do not find any merits in the petition. The petition is therefore dismissed. Rule is discharged with no order as to costs.