The petitioner, by way of this petition, challenged the judgement and award of the Labour Court dated 30.5.2006 passed in Reference (L.C.G.) No. 648 of 1999 whereby the Labour Court directed the petitioner to reinstate the respondent workman as badli worker without backwages. 2. The facts of the case are that the respondent was working as conductor. He was charged for not issuing tickets after collecting fare from the passengers. After holding Departmental Inquiry, the authority passed order of his dismissal from service on 14.5.1999. The workman preferred Reference (LCG) No. 648 of 1999 which was partly allowed. Against the said order, the petitioner filed Special Civil Application No. 1818 of 2002 which was allowed by this Court vide order dated 22.11.2005 with a direction to remand the matter to the Labour Court.
3. Before the Labour Court, the respondent workman waived the challenge to the legality and validity of the inquiry. The Labour Court, after considering the evidence on record, passed the award as aforesaid. Hence the petitioner is before this Court.
4. Heard learned counsel for the parties. Learned counsel for the petitioner contended that the Labour Court by exercising powers under Section 11A of the Industrial Disputes Act, 1947, directed the petitioner to reinstate the workman a badli worker. Therefore, the order is required to be quashed and set aside.
5. Considering the fact that the Labour Court has directed the petitioner to reinstate the workman as badli worker without backwages. In my view, the order of the Labour Court restoring the workman as badli worker without backwages is just and proper. No interference is called for with the award of the Labour Court. In that view of the matter, the petition is dismissed. Rule is discharged. No order as to costs.
6. The effect of the order will be implemented on or before 15.12.2012.
(K.S.JHAVERI, J.) (pkn)