IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 6211 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 -------------------------------------------------------------- G S R T CORPORATION Versus PRATAPSINH HARISINH ZALA -------------------------------------------------------------- Appearance: MR HS MUNSHAW for Petitioner MR GK RATHOD for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.C.PATEL Date of decision: 09/12/1999 ORAL JUDGEMENT Heard learned Counsel for the parties. The respondent was employed as driver in the petitioner corporation. He was found guilty of remaining absent without leave for three and half months in the Departmental proceedings and was dismissed from service. The Labour Court has allowed the reference and ordered the respondent to be reinstated with 25% of backwages. It is stated at the bar that the respondent has already been reinstated in service. Having heard the submissions made by the learned Counsel for the respective parties, I am of the opinion that in the facts and circumstances of the case some punishment and reduction in backwages is called for. Accordingly stoppage of one increment with future effect is ordered to be imposed and instead of 25% the respondent shall be entitled to 10% backwages. The respondent will be entitled to full wages from the date of publication of the award. The petitioner shall comply with the monetary part of the award within three months. Rule made absolute accordingly. No order as to costs. --- m.m.bhatt