Arijit Pasayat, J. - (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court dismissing the writ petition filed by the appellant. Challenge in this writ petitions was to the award passed by the Labour Court, Bangalore setting aside the order of removal of the respondent (hereinafter referred to as the workman) and directing his re-instatement with continuity of seniority in the list of Badli Conductors but without back wages.
(3.) Factual scenario is almost undisputed. The respondent was appointed as Badli Conductor and disciplinary enquiry was conducted against him with regard to his unauthorized absence from duty. His name was ordered to be removed from the list of Badli Conductors by order dated 19.12.1995. A Claim Petition in terms of Section 10(4-A) of the Industrial Disputes Act, 1947 (in short the Act) was filed. The same was withdrawn and dispute under Section 10(1-C) of the Act was raised which was referred to the Labour Court, Bangalore. After recording evidence of the parties the Labour Court came to the conclusion that the absence from duty on the part of the respondent was on account of ill health and indisposition. Placing reliance on the medical certificates produced and the reasons assigned for his absence the Labour Court held that the respondent was entitled to re-instatement as Badli Conductor and order of his removal was not justified. Order of Labour Court was challenged before the High Court.;