[1] RULE.
Mr.H. S. Munshaw, learned advocate waives service of rule for the respondents.
[2] With the consent of learned advocates for the parties, the present petition is taken up for hearing.
[3] By way of this petition, the petitioner has challenged the judgment and award passed by the Presiding Officer, Labour Court, Surendranagar Ex.45 dated 08.06.2011 in Reference (LCS) No.154 of 2001 whereby the Reference Court dismissed on the technical ground that no evidence regarding departmental inquiry is produced and no inquiry was conducted before dismissal order was passed.
[4] Heard Mr.Mukesh Rathod, learned advocate for the petitioner and Mr.H. S. Munshaw, learned advocate for the respondent - Corporation.
[5] Having heard learned advocates for the parties and considered the submissions and averments, ends of justice would be met if order of dismissal is set aside by imposing penalty of stoppage of two increments with future effect. The petitioner will not be paid any backwages. The petitioner shall be reinstated on or before 15.05.2012 by granting him all the benefit notionally. Rule made absolute to the aforesaid extent. Direct service is permitted.
[ K. S. JHAVERI, J. ] vijay Top