Divisional Controller GSRTC vs Secretary, Bhavnagar ST Dept. and 1

Honourable Mr. K.S. Jhaveri, J.—This petition is directed against the award dated 19.11.2005 passed by the Industrial Tribunal,

Bhavnagar in Reference (IT) No. 140/1998 whereby the Tribunal by quashing and setting aside the punishment orders reinstated the workman on

his original post and the period between his dismissal and reinstatement was treated as leave period without pay. The brief facts of the case are that

the respondent was working with the petitioner corporation as a conductor. On 09.05.1993, the respondent was found to have misappropriated

some amount by way of tampering with the tickets. The respondent was therefore issued with a charge-sheet and a departmental inquiry was

initiated against him. At the conclusion of inquiry, after the charge levelled against him was proved, a punishment of dismissal from service was

imposed. The workman preferred departmental first appeal against the said order and the respondent was reinstated on his basic pay. The

respondent, therefore, preferred reference before the Tribunal. The Tribunal after hearing the parties passed the aforesaid award.

Ms. Mandavia, learned counsel for the petitioner has contended that the Tribunal has not considered the fact that the petitioner corporation has

incurred huge financial loss due to the misconduct of the respondent workman. She submitted that the respondent is a habitual offender. He

submitted that there are 33 defaults committed by the respondent as per the default card and therefore the Tribunal ought to have imposed some

punishment instead of totally setting aside the penal order.

Ms. Vyas, learned advocate appearing for the respondent has supported the award passed by the Tribunal and submitted that the same being

just and proper does not call for any interference by this Court. He submitted that infact the departmental inquiry was found to be faulty.

Heard learned counsel for the parties. I have gone through the award of the Tribunal and the evidence available on record. From the award it

appears that the Tribunal has committed an error in setting aside the penal orders. The default card of the respondent workman shows 33 defaults

on his part which is very serious. Considering 33 defaults on the part of respondent workman, for having a deterrent effect on him, this Court is of

the view that some punishment ought to have been imposed upon the workman. Accordingly, punishment of stoppage of six increments with future

effect shall meet the ends of justice. In the premises aforesaid, petition is partly allowed. The impugned award passed by the Tribunal is quashed

and set aside. Punishment of stoppage of six increments with future effect is imposed upon the respondent workman. Since the respondent

workman has already retired, the retirement benefits shall be calculated according to this order and shall be paid within a period of seven months

from today. Rule is made absolute accordingly. Direct service is permitted.