IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 6865 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE M.C.PATEL Sd/- ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order madJJJJJ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ 5. Whether it is to be circulated to the Civil Judge? : NO Nos. 1 to 5 No -------------------------------------------------------------- GSRTC Versus NAGJIBHAI H HARIJAN -------------------------------------------------------------- Appearance: MRS VASAVDATTA BHATT for Petitioner MR IS SUPEHIA for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.C.PATEL Date of decision: 17/12/1999 ORAL JUDGEMENT Heard learned Advocates for the parties. The respondent who was employed as conductor in the service of the petitioner corporation was found guilty of remaining absent for a period of about fifteen days without leave and was dismissed from service. The Labour Court has set aside the punishment on the ground that it was harsh and disproportionate and has ordered the respondent to be reinstated in service with 25% backwages. It appears that on previous two occasions in 1992 the respondent remained absent without leave but it appears that at the relevant time the respondent was suffering from Tuberculosis. In the circumstances of the case I see no reason to interfere with the discretion exercised by the Labour Court. Hence the petition is dismissed. Rule discharged. No order as to costs. --- m.m.bhatt