JUDGMENT :

1. Special Civil Application No.8535 of 2012 has been preferred by the petitioner – Gujarat State Road Transport Corporation against the order dated 18.05.2011 passed by the Industrial Tribunal, Ahmedabad (hereinafter be referred to as the “Tribunal”) in Approval Application No.140 of 2003 [Reference (I.T.) No.37 of 2000], whereas, Special Civil Application No.11241 of 2012 has been preferred by the petitioner – Corporation against the order dated 05.05.2012 passed by the Labour Court, Ahmedabad in Recovery Application No.47 of 2011.

2. The petitions have been preferred by the petitioner – Corporation contending that the respondent – workman was working as a driver in Godhra Division and he remained absent from 21.11.2001 to 04.01.2002 and, therefore, he was called upon to face departmental inquiry and he was directed to remain present, however, he did not remained absent and charge-sheet No.12 of 2002 was served to the workman and after following principles of natural justice and several opportunities were given to the respondent, but he did not remain present in the departmental inquiry nor he resumed duty upto the date of examination of the reporter i.e. 26.07.2002. It