1. By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Labour Court, Ahmedabad in Reference (LCA) No.842/2004 dated 28.04.2006, whereby, the petitioner was directed to restore the respondent on the wait list without any continuity and back wages.
2. The facts in brief are that the respondent was charge sheeted for disciplinary proceedings in relation to an incident that had occurred on 09.02.2001 where the respondent was allegedly found to have committed certain irregularities in the issuance of tickets. Ultimately, the disciplinary authority imposed the punishment of dismissal from service, vide order dated 04.09.2001. The first appeal filed before the appellate authority came to be rejected.
3. Against the said order, the respondent raised a dispute, which was referred to the Labour Court, for adjudication. The Labour Court, after hearing both the sides, partly allowed the reference by way of the impugned award. Hence, this petition.
4. Heard learned counsel for the respective parties and perused the documents on record. The respondent was found guilty of serious irregularity / misconduct on 6 different occasions in the past. In spite of being found guilty of similar defaults in the past, the respondent did not improve his behaviour and continued to commit such misconduct, which is highly unbecoming of a public servant.
5. Looking to the facts of the case and the past record of the respondent, I am of the opinion that the Labour Court was completely justified in passing the impugned award and hence do not find any reasons to disturb the same. The benefit of the award order shall be granted within a period of six months from today. The petition stands disposed of accordingly. Rule is discharged. Interim relief if any, stands vacated.
(K.S.JHAVERI, J.) /phalguni/