The petitioner, by way of the present petition, challenges the judgement and award dated 5.9.2005 passed by the Industrial Tribunal, Ahmedabad, in complaint (IT) No. 111 of 2004 in Reference (IT) No. 37 of 2000 whereby the Tribunal allowed the complaint and directed the petitioner to reinstate the workman to the original position with continuity of service and full backwages with effect from 19.7.2004.
2. The facts of the case are that the respondent workman was serving as driver. On account of his negligent, accident took place and human life was suffered. After holding, departmental inquiry, punishment of stoppage of four increments was imposed. Thereafter, the respondent workman was convicted by Criminal Court by order dated 31.3.2003. The respondent workman was terminated from service on 13.8.2003 on the ground of his conviction. In appeal, this Court acquitted the respondent workman and the order of the Trial Court was reversed.
3. The respondent workman filed complaint under Section 33A of the Industrial Disputes Act before the Industrial Tribunal, Ahmedabad. The Tribunal allowed the complaint and set aside the order of termination passed by the authority on the ground that prior approval was not taken by the authority. Therefore, there is a breach of provision of Section 33-A of the Industrial Disputes Act, 1947.
4. I have heard learned advocates for the parties. Keeping in mind that in criminal appeal, the respondent workman was acquitted of the charges and the order of the trial Court was reversed by this Court and also the fact that there is a breach of provision of Section 33A of the Industrial Disputes Act, the order of the Tribunal is not required to be interfered by this Court so far as reinstatement with continuity of service is concerned. However, the direction to pay full backwages is required to be quashed and set aside.
5. In the result, the petition is allowed. The order of the Tribunal directing reinstatement of the respondent workman with continuity of service is confirmed. The order directing payment of full backwages to the workman is quashed and set aside. The petitioner is directed to reinstate the respondent workman to the original post within one month in light of the order of the Tribunal. Rule is made absolute to the aforesaid extent.
(K.S.JHAVERI, J.) (pkn)