1. The present petition is directed against the award dated 20.08.2010 passed by the learned Labour Court in ID No.347/2004, whereby while setting aside the order of dismissal, the learned Tribunal awarded penalty of stoppage of two increments with cumulative effect and the workman was reinstated with continuity of service, but without back wages.
2. As per the statement of claim filed by the respondent/workman, it is stated that he had been working with the petitioner Management on the post of Conductor and never gave a chance to complaint. The Management was satisfied with his work. During the period from W.P (C) No. 3635/2011 Page 1 of 12 30.01.2003 to 10.07.2003, his wife was ill and he could not resume his duty, however, he intimated the petitioner Management and requested to grant leave.
3. On 11.07.2003, he resumed his duty after his wife had recovered from illness along with her medical certificate. However, the petitioner Management issued the chargesheet to which he replied but without considering his reply, the petitioner Management initiated a departmental inquiry without following the principles of natural justice and passe