By way of this petition, the petitioner has challenged the judgement and award passed by Labour Court on 8.6.2005 by which the Labour Court partly allowed Reference No. LCG 236 of 2002 filed by the respondent workman. The Labour Court granted 30% backwages with continuity of service from the date of termination till date of superannuation. 2. The respondent workman was found to be involved in serious misconduct of collecting fare without issuing tickets to the passengers. Departmental inquiry was initiated against him and the charge was proved. Hence, he was dismissed from service.
3. The workman raised industrial dispute. In the meantime, he superannuated in the year 2004. The Labour Court after considering the evidence on record, passed order as aforesaid.
4. Heard learned counsel for the parties. The respondent workman has attained the age of superannuation in the year 2004. Considering the evidence on record, I am of the opinion that ends of justice will meet by confirming the order of granting continuity of service from the date of termination till the date of superannuation. However, the order granting 30% backwages to the respondent workman is quashed and set aside.
5. In the result, the petition is allowed. The judgement and award of the Labour Court granting continuity of service from the date of termination till the date of superannuation is confirmed. The award directing the petitioner to pay 30% backwages is quashed and set aside. The respondent workman will be paid all the consequential benefits as if he has continued in service, within a period of six months from the date of this judgement. Rule made absolute to the aforesaid extent. No order as to costs.
(K.S.JHAVERI, J.) (pkn)