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Judgment
K.S. Jhaveri, J.—The petitioner has challenged the judgement and award dated 10th June 1994 passed by the Laobur Court, Ahmedabad, in Reference (ICA) No. 2916 of 1986 whereby the petitioner was directed to reinstate the respondent and to pay full salary for the period from 2.7.1986 to 5.7.1989.
The respondent was working as driver with the petitioner. His services came to be terminated on 14th March 1986 and therefore he raised a dispute which was referred to Labour Court, Ahmedabad and numbered as Reference (LCA) No. 2916 of 1986. After adjudicating the matter the Labour Court passed the aforesaid judgement and award which is challenged in the present petition.
The main contention raised by the petitioner is that the respondent himself stopped attending the work and his services were not terminated and therefore the judgement and award is illegal and unjust.
As a result of hearing and perusal of the record it is found that the Laobur Court has considered the matter in depth and the finding is that the respondent workman was working with the respondent for the last 15 years and his services were terminated without any notice nor retrenchment compensation. In view of these findings there is violation of provisions of Section 25-F of the Act and the petitioner is not able to pointed out anything from the record that the finding of the Labour Court in this regard is perverse.
However, there was no plea nor evidence or proof to show that from the alleged date of dismissal of his service till the date of the award the respondent was not in gainful employment. I am, therefore, of the view that the Labour Court was not justified in granting back wages to the respondent.
In the premises aforesaid the judgment and award of the Labour Court is quashed and set aside qua back wages. The rest of the award is confirmed. The judgement and award is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.