B.C.PATEL - (1.) Against the award made by the Presiding Officer, Labour Court in Reference (LCR) No. 271 of 1093, the employee has preferred this application as the employee was not awarded backwages. However, the respondent, Gujarat State Road Transport Corporation (hereinafter referred to as the Corporation) was ordered to reinstate the workman to his original post with continuity of service.
(2.) Facts leading to the present proceedings are as under:- 2.1 The petitioner was working as Art. C. Mechanic with the respondent Corporation. The petitioner remained absent without leave from 8.3.1980 to 6.6.1980. He was served with charge sheet and was asked to remain present before the Inquiry Officer. Despite several intimations sent by Registered Post, the petitioner did not remain present before the Inquiry Officer, and, therefore, inquiry was held exparte. 2.2 On recording the evidence, misconduct was primafacie established, and, therefore, second show cause notice was given along with the findings to the employee, but he did not bother to give the reply. Thus, after affording an opportunity of hearing to the employee, and by following the principles of natural justice, the decision was taken whereby his services were terminated.
(3.) It was contended before the Labour Court that he proceeded on leave and submitted a leave report with medical certificate. It was further contended that his leave was extended and that reasonable opportunity was not given to defend himself. it was further contended before the Labour Court that the second show cause notice was also not served.;