Gujarat State Road Transport Corporation Ltd. vs Dadamiya Jamalmiya Dhasura

K.S. Jhaveri, J.—This petition is directed against the judgement and award dated 19th September 2003 passed by Presiding Officer, Labour Court, Junagadh, in Reference (LCJ) No. 191 of 1999 whereby the petitioner was directed to reinstate the respondent workman in service with continuity of service and also to pay 50% back wages.

The respondent was working with the petitioner Corporation as Conductor. Since the respondent has remained on leave unauthorisedly, he was chargesheeted and after conducting a departmental inquiry his services came to be terminated. The respondent therefore raised a dispute which was recorded as Reference (LCJ) No. 191 of 1999 before Laobur Court, Junagadh. The Labour Court, after adjudicating the matter, passed the impugned judgement and award directing the petitioner to reinstate in service with continuity of service and 50% back wages which is the subject matter in the present petition.

Heard the learned Advocates for the respective parties and perused the relevant documents on record. As a result of this exercise, and looking to the misconduct alleged, 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 three months from today.