1 S.B.Civil Writ Petition No.1620/1995 Divisional Mechanical Engineer, R.S.R.T.C. Vs. The Presiding Officer, Labour Court & Anr. Date of order : 11.02.2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.M.K.Verma for petitioner. Mr. Ajay Gupta for respondents. Heard learned counsel for the parties. By this writ petition, the petitioner has challenged the award of the Labour Court, Jaipur dated 15.4.1994 (Annexure/1) whereby the Labour Court has answered the reference in affirmative with the further direction that the petitioner termination from 02.09.1982 is not justified and valid and the workman is reinstated in service with continuity of the same and further he will not be entitled for pay and other allowances. However, the notional fixation was allowed. It is an admitted case of the petitioner-Management that the respondent was remain absent from 20.05.1982 to September 1982 and further inquiry not initiated and directly the punishment of termination was awarded on 02.09.1982. The submission of the counsel for the petitioner-Management is that the workman was willfully absent for the period of 4 months, therefore, they were left with no other 2 alternative except to terminate his services. Counsel for the respondent supported the judgment of the labour court as referred in Labour Court award. He further contended that the Labour Court while passing the award has considered the fact that in case of absent of 4 months, punishment of termination is highly disproportionate. I have gone through the record of the writ petition and further considered the rival submissions of the parties. In my view, the willful absent is a misconduct for which an inquiry is necessary. However, the labour court has not dealt with the said issue and exercise its powers under Section 11 A of the Industrial Disputes Act, 1947 though there is no specific reference of the said Section in the award. I am further of the view that the labour court has not committed any kind of error in treating the punishment as disproportionate to the gravity of the charge. The writ petition has no force and the same is dismissed. (PREM SHANKER ASOPA),J. Gandhi H/10