AI Structured Summary
Not yet generated for this judgment
Judgment
K.S. Jhaveri, J.—This petition is directed against the judgement and award dated 11th February 2003 passed by the Labour Court, Jamnagar in Reference (LCJ) No. 289 of 1991 whereby the Labour Court directed the petitioner to reinstate the respondent without back wages and to stop five increments with future effect.
The respondent was serving as a Conductor in the petitioner Corporation. He was in the habit of remaining absent on duty and also committed irregularities. Therefore departmental proceedings were initiated which resulted in termination of the services of the respondent. The respondent therefore raised a dispute which was numbered as Reference (LCJ) No. 289 of 1991 and the Labour Court, Jamnagar passed the award as stated hereinabove.
Heard the learned Advocates for the respective parties and perused the relevant documents on record. As a result of this exercise, it is evident that the allegation against the respondent was remaining absent from duty, which, in my opinion, do not warrant penalty of dismissal from service. Therefore the Labour Court was fully justified in setting aside the order of dismissal. The Labour Court has also not granted any back wages to the respondent. Further, looking to the seriousness of the misconduct the Labour Court has imposed a penalty of stoppage of five increments with future effect. This penalty is sufficient for the misconduct of the respondent and it does not require any enhancement.
In the premises aforesaid, I do not find any merits in the petition. The same is therefore dismissed. Rule is discharged with no order as to costs.
The judgement and award of the Labour Court shall be implemented within four months from today. The respondent shall be granted the benefits from the date of publication of the award.