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1993 Supreme(Guj) 58

J.M.PANCHAL, A.P.RAVANI
GUJARAT STATE ROAD TRANSPORT CORPORATION LIMITED – Appellant
Versus
DANAJI SUKAJI KODIYAR – Respondent


Advocates Appeared: YOGESH LAKHANI

RAVANI, J.

( 1 ) RULE. SINCE no order adverse to the respondent-Workman is being passed it is not necessary to serve notice of rule upon him. In facts of the case the matter is ordered to be heard today.

( 2 ) THE petitioner-Gujarat State Road Transport Corporation has challenged the legality and validity of the award dated 13/04/1992 passed by the labour Court, Rajkot, by which the respondent-Workman has been ordered to be reinstated on his original post of Conductor with continuity of service, but without backwages. The grievance of the petitioner-Corporation is that the Labour Court has imposed no punishment on the respondent-Workman though he has been found guilty. It is submitted that withholding of entire backwages is no punishment and some punishment must have been imposed upon him by the Labour Court while exercising powers under Sec. 11- a of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act)

( 3 ) THE respondent-Workman was serving as conductor for a period of about eleven years when he was discharged from service on 29/08/1989. It was alleged against him that on 3/03/1988 he was working as conductor on Bhuj-Nakhatrana Road in Kutch District. At that tim










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