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2021 (3) TMI 1257 - HC - Indian LawsCorrectness of the award of the Labour Court - Reinstatement with back wages, continuity of service and all other attendant benefits - HELD THAT:- The Hon'ble Supreme Court in a catena of decisions has held that normally a writ court should not interfere with the award of the Labour Court, unless the award is perverse. It has been further held that if the award is not irrational or perverse, the High Court should not interfere with the reasons in the award. Further, it has been held that this Court should not re-appreciate the evidence placed before the Labour Court and substitute its own conclusions, merely because this Court is of the opinion that a different conclusion could have been arrived at on the available evidence. Bearing this legal principle in mind, this Court proceeds to examine the correctness of the impugned award. Admittedly, the Employee worked as a Driver under the Employer Corporation. While he was working, the Employee has driven the bus in a rash and negligent manner and dashed against the tree standing on the road side, which claimed four lives and caused grievous injuries to 19 persons, which were not disputed. At the same time, in order to prove the rash and negligent driving of the Employee, no witnesses were examined before the Enquiry Officer - it appears that the Employee got superannuation in the year 2016. Moreover, the Employee was joined as Driver in the year 1995 and the charge memo was issued in the year 1999, and he was dismissed from service in the same year, ie., within a period of four years of his appointment. Hardly the Employee worked only four years in the respondent Corporation and he reached the age of superannuation in the year 2016. This Court is inclined to modify the award of the Labour Court - the order of reinstatement is not possible. However, the Employee is entitled for continuity of service till the date of normal age of superannuation, however, he is not entitled for any backwages from the date of termination till the date of superannuation. Further, the Employee is entitled for continuation of service for the purpose of getting pensionary benefits. Petition disposed off.
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