Divisional Controller, G.S.R.T.C. vs Saidhaji Maganji Thakor

K.S. Jhaveri, J.—This petition is directed against the judgment and award dated 9th September 2004 passed by Industrial Tribunal, Ahmedabad, in Reference (IT) No. 226 of 1996 whereby the Industrial Tribunal set aside the penalty imposed by the petitioner and directed the petitioner to pay all the arrears for which the respondent is entitled to.

The respondent herein was serving with the petitioner Corporation as driver. On 12th August 1989 the bus driven by the respondent collided with one truck as a result of which three passengers died and 7 passengers have sustained injuries. The respondent was issued a chargesheet and a departmental inquiry was initiated which resulted into imposing of a penalty of stoppage of five increments with future effect upon the rspondent. The first appeal filed by the respondent came to be dismissed. The respondent therefore raised a dispute which was referred to Industrial Tribunal and the Tribunal passed the judgment and award as stated hereinabove.

Heard the learned Advocates for the respective parties and perused the relevant documents. As a result of this exercise, it is found that the factum of the accident in question was not disputed. In the past the respondent has committed 20 defaults. In view of these circumstances the Labour Court ought to have imposed some punishment upon respondent. Having considered the matter in detail and all other attending circumstances I am of the view that interest of justice would be met by imposing a penalty of stoppage of four increments with future effect.

Accordingly a penalty of stoppage of four increments with future effect shall be imposed upon the respondent. The judgment and award of the Labour Court is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.