1. By way of this petition, the petitioner has challenged the judgement and order dated 20.12.2010, passed by the Presiding Officer, Labour Court, Godhra, in Reference (LCG) No. 784 of 2001, whereby the Reference Court has rejected the reference filed by the petitioner.
2. The brief facts leading to filing of these petition are that the petitioner was in service of respondent No.1-corporation as conductor. However, in course of checking 13 passengers found without ticket in the bus. Therefore, the Inquiry Officer made report against the petitioner. Thereafter, on 10.04.1997, the charge sheet issued by Inquiry Officer. After following due process of law, vide order dated 31.3.2000, petitioner was terminated from the service. Therefore, the petitioner filed reference being Reference (LCG) No. 784 of 2001 before the Reference Court. The Reference Court, by impugned judgement rejected the reference of the petitioner. Hence, this petition.
3. Learned advocate for the petitioner contended that the Reference court erred in dismissing the Reference of the the petitioner. He further contended that the Reference Court failed to appreciate the material on record in its true perspective. Therefore, he has prayed to allow the present petition.
4. I have heard learned advocates appearing for both the parties and perused the material on record. I have gone through the impugned judgement and order of the Reference Court and I find that the the judgement and order of the Reference Court is just and appropriate and in consonance with the evidence on record.
5. Further, it seems from the record that on 10th April, 1997, Charge sheet was issued to the petitioner. However, the petitioner did not reply the said charge sheet. Thereafter vide letter dated 25th June, 1997, he has informed the authority that he would explain the situation during the course of personal hearing. On 12th July, 1999, inquiry proceedings against the petitioner commenced. Thereafter on 24th March, 2000, second show cause notice was issued to the petitioner. However, as the petitioner did not file any reply even in the second show cause notice, his services were termination vide order dated 31.3.2000. Thereafter, on 11th April, 2000 an approval application was filed, which came to be allowed, vide order dated 11.4.2000. Therefore, I am in complete agreement with the reasonings given by and the conclusion arrived at by the Reference Court and hence, I find no reason to entertain the present petition.
6. In the result, this petition is dismissed. No order as to costs.
[K.S.
JHAVERI,J.] pawan Top