BANGALORE METROPOLITAN TRANSPORT CORPORATION, K.H ROAD, BANGALORE BY ITS CHIEF TRAFFIC MANAGER REPRESENTED BY ITS CHIEF LAW OFFICER Vs. SYED AHMED S/O LATE SYED KALLU SAB

JUDGEMENT

(1.) MISC . Civil No. 6444/2011 is filed for condonation of delay of four days in filing the appeal. For the reasons shown in the affidavit, delay of four days in filing the appeal is condoned. Accordingly, Misc. Civil No. 6444/2011 is allowed. The concurrent findings of the Labour Court and the learned single Judge in W.P.No.40925/2010 dated 06.01.2011 are called in question in this appeal.

(2.) THE facts leading to this appeal are as hereunder: The respondent was working as driver under the Appellant Corporation. On the ground that he did not attend the duty and remained unauthorisedly absent from 08.12.1993 to 24.07.1994

(3.) ACCORDINGLY , the appeal is dismissed. If the respondent has already attained the age of superannuation, the question of re -instatement will not arise as no order of back wages is ordered. What is to be granted by the Petitioner Corporation is only retirement benefits to be calculated upto the age of superannuation.