ASHWANI KUMAR MISHRA, J. - (1.) Labour Court has answered the reference made by Deputy Labour Commissioner, Agra Region, Agra on the question as to whether services of respondent workman have been validly terminated w.e.f. 4.10.1999, or not and to what relief respondent workman is entitled
(2.) Respondent workman was employed as Driver by petitioner employer in the year 1987 and he continued to function without any complaint. It appears that on 20.12.1998 respondent workman absented from duty without obtaining any sanctioned leave and did not report for duty. It further appears that on 15.5.1999 respondent workman appeared along with fitness certificate and moved an application before the Assistant Regional Manager for grant of medical leave on the ground that he was suffering from tuberculosis, and as such, he remained undisposed. Disciplinary proceedings were initiated in respect of unauthorized absence and ultimately a termination order was passed against the petitioner on 4.10.1999, which was subject matter of reference before the Labour Court.
(3.) Labour Court on the basis of oral and documentary evidence adduced by the parties before it, has come to the conclusion that disciplinary proceedings were not conducted in accordance with law against the workman and the termination of services on the basis of such ex parte enquiry also cannot be sustained. Labour Court has awarded relief of reinstatement along with 25% back wages as well as cost of litigation amount to Rs.2,000/-.;