1.0 Though served, respondent refused the notice of this Court. Hence, this matter is taken up for final hearing.
2.0 By way of present petition, the petitioner has prayed to quash and set aside the judgement and award dated 19.10.2002 passed by the Presiding Officer of the Labour Court, Ahmedabad in Reference ( LCA) No. 239 of 1992 whereby the Labour Court has granted reinstatement with 50% backwages.
3.0 It is the case of the petitioner that the respondent herein was engaged in the petitioner Trust as Nurse on fixed monthly remuneration of Rs. 1500/ per month. The respondent was not regular in her duty. Therefore, her attention was time and again drawn to be punctual in duty. In the year 1991, the respondent on her own, voluntarily abandoned the services of the petitioner without notice to the petitioner.
3.1 Thereafter the respondent herein raised dispute before the Assistant Labour Commissioner, Ahmedabad who referred the said matter to the Hon’ble Labour Court, Ahmedabad which came to be registered as Reference ( LCA) No. 239 of 1992 before the Labour Court.
3.2 On issuance of notice, the petitioner filed its statement of defence. As there was delay in filing the statement of defence, the petitioner also filed applications at Exh. 12 and 13 for condonation of delay. After considering the evidence, the Labour Court vide order dated 19.10.2002 allowed the Reference with 50% backwages and continuity of service in favour of the respondent which is challenged by preferring the present petition.
4.0 Heard learned advocate for the petitioner. It is required to be noted that the respondent was not regular in discharge of her duties and time and again she used to unauthorizedly remain absent without seeking prior permission and for the said purpose time and again, the respondent was told to be punctual in her duties. It also appears from the record that the respondent on her own left the work of Nurse some time in August 1991 and she voluntarily abandoned to carry on her duties as Nurse attached with the Centre. It is after about more than a year and one month that the respondent filed reference (LCA) No. 239 of 1992 and filed a statement of claim dated 27.08.1992.
4.1 However, the fact remains that in spite of interim relief granted by this court the respondent was continued in service. Therefore in view of this very fact this court is not inclined to set aside the reinstatement granted by the Labour Court.
4.2 However, looking to the overall facts and circumstances of the case and especially the fact that the respondent on her own left the service, the Labour Court was not justified in granting backwages.
5.0 In the premises aforesaid the impugned award in so far as grant of 50% backwages is concerned, the same is hereby quashed and set aside. Petition is allowed partly. Rule is made absolute to the aforesaid extent with no order as to costs.
(K.S.JHAVERI, J.) niru*