1. By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 31.05.2003 passed by the Labour Court, Nadiad in Reference [LCN] No. 573/92 (Old No. 180/89), whereby the reference was partly allowed and the petitioner was directed to pay 50% back wages to the respondent.
2. The facts in brief are that the respondent was serving as a watchman in the petitioner Company. The respondent was chargesheeted for disciplinary proceedings in relation to an incident that had occurred on 20.10.1988 where the respondent was allegedly found to have committed theft from the premises of the petitioner Company. Ultimately, the disciplinary authority imposed the punishment of dismissal from service, vide order dated 31.12.1988. Against the said order, the respondent raised a dispute, which was referred to the Labour Court, Nadiad for adjudication. The Labour Court, after hearing both the sides, allowed the reference by way of the impugned award.
3. Heard learned counsel for the respective parties and perused the documents on record. From the record, it appears that the Labour Court while exercising the powers under Section 11A of the Act, observed that looking to the alleged misconduct the punishment imposed by the petitioner is on higher side and therefore, the Labour Court after considering the evidence on record, passed the impugned award. Considering the facts of the case and the evidence on record, I am of the view that the Labour Court was completely justified in passing the impugned award and I do not find any reasons to interfere with the same.
4. In the result, the petition is dismissed. Rule is discharged. Interim relief if any, stands vacated. It is however, observed that the petitioner shall pay the amount of back wages till he had attained the age of superannuation within a period of six months from the date of receipt of writ of this order.
(K.S.JHAVERI, J.) /phalguni/