Divisional Controller vs Babubhai Ambaram Patel

K.S. Jhaveri, J.—This petition is directed against the judgement and award dated 12th March 2004 passed by Labour Court, Surat in Reference (LCS) No. 217 of 2003 whereby the petitioner Corporation was directed to reinstate the respondent without back wags and imposing a penalty of stoppage of four increments with future effect.

The respondent was serving as conductor with petitioner Corporation. On 30th December 2001 it was found that the respondent had committed irregularity of misappropriation of Rs. 100/-. The allegation was that though he had collected fares from passengers, he had not issued tickets. Departmental proceedings were initiated against him which resulted in termination of the services of the respondent. The respondent therefore raised a dispute which was numbered as Reference (LCS) No. 217 of 2003 wherein the Labour Court, Surat has passed the award as stated hereinabove which is challenged in the present petition.

Heard the learned Advocates for the respective parties and perused the relevant record. As a result of this exercise, looking to the misconduct, I am of the view that such a misconduct would not warrant dismissal of the employee from service. Therefore the Labour Court was justified in reinstating the respondent.

However, it is found that there are as many as 38 defaults committed by the respondent. It appears that the Labour Court has not considered the evidence produced on record in respect of these defaults. This is a serious misconduct on the part of the respondent. Most of the defaults pertain to non-issuance of tickets. The respondent is an employee of public sector and he is dealing with public money. Misuse of public money is a serious conduct. Therefore, if appropriate punishment is not imposed upon the respondent it would imply that any one can commit such type of misconduct and can get away without adequate penalty. Therefore looking to the seriousness of the misconduct I am of the view that imposition of penalty of stoppage of five increments with future effect would meet the ends of justice.

In the premises aforesaid, instead of stoppage of four increments, there shall be stoppage of five increments with future effect. The rest of the award is confirmed. The award of the Labour Court is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.

The aforesaid award shall be implemented within four months from today.