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2016 Supreme(Guj) 1136

K.M.THAKER
Gujarat State Road Transport Corporation – Appellant
Versus
Bhikhalal Gondbhai Shekhwa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dipen Desai
For the Respondents: Mukesh H. Rathod

JUDGMENT :

K.M. Thaker, J.

1. In this petition, the petitioner-Gujarat State Road Transport Corporation [hereinafter referred to as "the corporation"] has challenged award dated 22.5.2002 passed by the learned Labour Court, Bhuj-Kutch in Reference (LCB) No. 654 of 1996 (Old Reference (LCR) No. 254 of 1994) whereby the learned Labour Court has directed the petitioner corporation to reinstate the respondent in service on his original post with continuity of service, however, without backwages.

2. The respondent was employed as conductor with the petitioner corporation. His service came to be terminated pursuant to domestic inquiry in respect of alleged misconduct of re-issuing/punched tickets and not issuing tickets after collecting fare and other charges. The respondent felt aggrieved by the order terminating his service and he raised industrial dispute against the termination order dated 17.11.1993. The dispute was referred for adjudication to the learned Labour Court and upon conclusion of the proceedings, the learned Labour Court passed the impugned award with aforesaid directions.

3. So far as factual background is concerned, it has emerged from the record that on 4.11.1992, the res










































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