JUDGMENT

Dr. Arijit Pasayat, J.—Challenge in this appeal is to the judgment rendered by a Division Bench of the Gujarat High Court partly allowing the Letters Patent Appeal filed by the present appellant.

2. Background facts in a nutshell are as follows:

The respondent (hereinafter referred to the ‘workman’) was employed with the appellant-Gujarat State Road Transport Corporation (hereinafter referred to as the ‘Corporation’) as a driver. While driving a corporation vehicle respondent caused an accident as a result of which a child aged about 8 years died. Criminal proceedings were initiated against the workman but he was acquitted. A claim petition claiming compensation was filed under the Motor Vehicles Act, 1988 (in short ‘M.V. Act’) and the Corporation paid compensation of about Rs.45,000/- to the claimants. Departmental proceedings were initiated against the workman and he was found guilty. His negligence of duty as well as charge of misconduct were held to have been proved. Accordingly, he was dismissed from service. A reference was made under Section 10(1)(c) of the Industrial Disputes Act, 1947 (in short ‘Act’) to the Labour Court, Ahmedabad. The Presiding Officer came to