B.C.PATEL - (1.) Against the award made by the Presiding Officer, Labour Court, Baroda in Reference (L.C.V.) No. 633 of 1985 (Old No. 260 of 1982) dismissing the reference on 24/02/1988, the present petition has been preferred by the petitioner.
(2.) From the award at exh.20, it appears that the respondent-workman was working as a conductor with the Gujarat State Road Transport Corporation (hereinafter referred to as the `employer') in Makarpura City Depot of Baroda Division. He remained absent from 01/12/1979 to 27/12/1979 and he did not care to submit the report for leave. He joined the duty on 30/12/1979 and submitted leave report accompanied by a medical certificate. As stated by the workman, thereafter, his health did not improve and he was required to remain absent for a longer period. He further stated in his statement that as and when he reports for duty, he will submit leave report and medical certificate. For remaining absent without leave, a chargesheet was issued and departmental proceedings were initiated, but, he did not remain present. Ultimately, on 26/03/1980, an ex-parte order was passed by the employer.
(3.) Against this order, an industrial dispute was raised. In reply thereto, vide exh.6, while denying the averments made in the statement of the workman, it was pointed out that on account of remaining absent without leave report and sanction, administrative difficulties arose. Before the Court, learned advocate appearing for the employer-corporation submitted that good conduct is expected from the person who is discharging public duties. He further submitted that the person in the public services must discharge his duties with absolute devotion, diligence, integrity, honesty and discipline. If these things are not preserved, the public at large would suffer. It was pointed out that the reason or excuse of sickness for remaining absent is false. The workman was in habit of remaining absent. Even before the Labour Court, the workman did not remain present continuously on eight occasions, therefore, the Labour Court was of the view that the workman is not interested in the proceedings and proceedings were terminated on 20/10/1984. Thereafter, on restoration application, accepting the statement made by the advocate appearing for the workman, file was restored and number was given as Reference No. 633 of 1985.;