1. This petition has been preferred against the judgment and award dated 31.05.2011 passed by the Labour Court, Ahmedabad in Reference (LCA) No.939/2001 whereby, the reference was allowed and the petitioner-Corporation has been directed to reinstate respondent no.1-workman on his original post with continuity of service but, without any back wages.
2. The facts in brief are that while respondent no.1 was discharging his duties as a Conductor with the petitioner-Corporation on 12.08.1998, it was allegedly noticed by the Checking Squad of the petitioner that respondent no.1 had committed certain irregularities in the issuance of tickets. Therefore, charge-sheet was issued to respondent no.1 and departmental enquiry was ordered to be initiated. Ultimately, by order dated 08.11.2000, respondent no.1-workman was dismissed from service. Being aggrieved by the same, respondent no.1-workman raised a dispute, which, ultimately, culminated into a reference before the Labour Court. The Labour Court allowed the said reference in part by impugned judgment and award. Against the said award, the appellant has preferred the present petition.
3. Heard learned counsel for the respective parties. It appears from the record that proceedings before the Enquiry Officer were not properly conducted inasmuch as only one witness was examined on behalf of the petitioner-Corporation though as many as four other persons were cited as witness by the petitioner. It was found that the proceedings before the Enquiry Officer were totally vitiated since the petitioner-Corporation had not produced relevant documentary evidence in the enquiry proceedings in support of its case.
4. The Labour Court, after appreciating the records of the case, found that none of the charges levelled against the respondent-workman were proved. The findings recorded by the Enquiry Officer were found to be perverse and baseless. Apart from that the order passed by the disciplinary authority was also found to be a non-speaking order as no reasons were assigned by the authority.
5. Considering the overall facts of the case, I am of the considered opinion that the Labour Court has rightly quashed the order of dismissal passed against the respondent-workman. I am in complete agreement with the reasonings given by and the findings recorded in the impugned award and hence, find no reasons to entertain the present petition.
6. For the foregoing reasons, the petition is dismissed. The petitioner-Corporation is directed to implement the impugned award of the Labour Court by granting the respondent-workman reinstatement with continuity in service but, without any back wages. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top