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Judgment
K.S. Jhaveri, Adv.
This petition is against the order dated 1st August 2003 passed by Industrial Tribunal, Vadodara in Misc. Application (IT) No. 20 of 2002 whereby the application was rejected and also the order dated 16th June 2000 passed by the Industrial Tribunal, Vadodara in Approval Application (IT) No. 176 of 1997.
The respondent herein was sering as Help with petitioner Corporation. He was remaining unauthorizedly absent without sanction and therefore after following proper procedure his services came to be terminated. Thereafter an approval application was filed which came to be dismissed for default. The petitioner filed an application for restoration of the same, which also came to be dismissed. Hence the present petition is filed.
In ordinary course, even if the present petition is allowed the matter is required to be finally decided. However, with a view to avoid further litigation learned Advocates for the parties submitted that this Court may finally decide the matter on merits.
Heard the learned Advocates for the respective parties and perused the relevant documents. As a result of hearing, learned Advocate for the respondent is not in a position to controvert about the misconduct of remaining unauthorisedly absent. At the same time the misconduct alleged is not so serious that would warrant dismissal from service. Having considered the matter in detail I am of the view that interest of justice would be met by directing to reinstate the petitioner without back wages and with penalty of stoppage of three increments with future effect.
Accordingly the the petitioner is directed to reinstate the petitioner in service with continuity of service but without back wages. A penalty of stoppage of three increments with future effect shall be imposed upon the respondent. The respondent shall be reinstated within one month from today and the consequential benefits shall be granted within four months from today. The award of the Labour Court is substituted accordingly. Rule is made absolute with no order as to costs.