- (1.) Leave granted.
(2.) The brief facts involved in the instant matter are that the appellant herein was working as a Badli worker (Bus Driver) with the respondent-Corporation since 1997. That, on 07th June, 2003, while on duty, the appellant met with an accident, as a result of which a case was registered under Section 279, 304(A) of the Indian Penal Code read with Section 177 and 188 of the Motor Vehicle Act and the license of the appellant was seized. The respondent-Corporation orally terminated the appellant w.e.f. 17th March, 2004. The appellant, being aggrieved, raised industrial dispute and filed reference before the Labour Court for reinstatement and back wages relying upon Circular of the respondent Corporation dated 27th July, 1997 wherein it was provided that in case any driver is involved in vehicular accident or a criminal case and his license has been cancelled/suspended, such a driver should be given work on alternative post. The Labour Court vide Award dated 09.11.2006 reinstated the appellant in service with 25% back wages. Being aggrieved, the respondent-Corporation moved the High Court by filing Special Civil Application No. 6155 of 2007, contending that the appellant was a Badli worker (Driver) and was not having valid driving licence and that the circular dated 27th July, 1997 is misinterpreted by the Labour Court as it applies to permanent employees and not the Badli workers.
(3.) On 16th March, 2007 the appellant was also acquitted of all the charges from the criminal case arising out of Motor Accident. Thereafter, the appellant was given back his license from the concerned authority.;