SCA/10362/1999 of GSRTC Vs SOMAJI SOJAJI KHARADI on 27 December 1999

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No 10362 of 1999

For Approval and Signature:

Hon'ble MR.JUSTICE M.C.PATEL Sd/-

============================================================ 1. Whether Reporters of Local Papers may be allowed : NO

to see the judgements?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO

of the judgement?

4. Whether this case involves a substantial question : NO

of law as to the interpretation of the Constitution of India, 1950 of any JJJJJ

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5. Whether it is to be circulated to the Civil Judge? : NO Nos. 1 to 5 No

-------------------------------------------------------------- GSRTCVersus SOMAJI SOJAJI KHARADI

-------------------------------------------------------------- Appearance:

MRS VASAVDATTA BHATT for Petitioner MR BA VAISHNAV FOR MR KV GADHIA for Respondent No. 1

-------------------------------------------------------------- CORAM : MR.JUSTICE M.C.PATEL

Date of decision: 27/12/1999

ORAL JUDGEMENT

Rule.Mr.B.A.Vaishnav waives service of rule on behalf of the respondent. By consent the petition is taken up for immediate hearing.

The respondent workman who was employed as Helper was found guilty of remaining absent without leave and dismissed in departmental proceedings. The Labour Court has set aside the punishment of dismissal and ordered him to be reinstated with 50% backwages. After hearing the learned Advocates for the respective parties, I am of the opinion that the ends of justice will be met if instead of 50% backwages the respondent is awarded 30% backwages. The award of the Labour Court shall stand modified accordingly. Rule made absolute to the said extent. No order as to costs.

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m.m.bhatt