Gujarat Road Transport Corporation vs Kalubhai Dhulabhai Thakor

Honourable Mr. K.S. Jhaveri, J.—By way of this petition, the petitioner has prayed to quash and set aside the judgment and award of the Industrial Tribunal rendered in Reference (IT) No. 554/ 1999, Dated : 17.04.2007, whereby the tribunal allowed the said reference in favour of the respondent workman. The brief facts giving rise to the present petition are that the respondent workman was working with the petitioner Corporation as driver. On 26.10.1994, while the respondent workman was on his duty, the bus driven by him met with an accident. Hence, he was issued a charge sheet and after conducting a departmental inquiry, by an order dated 22.04.1996, the respondent workman was imposed the punishment of stoppage of three increments with future effect. The respondent workman preferred two appeals against the said order, however, the same were dismissed by the competent authorities. Hence, the respondent raised an industrial dispute, wherein the tribunal passed the judgment and award, which is impugned by the petitioner Corporation in the present petition.

The learned Counsel for the petitioner submitted that the Tribunal committed a grave error in passing the impugned judgment and award. The Tribunal failed to appreciate the material on record in its true perspective. The Tribunal ought not to have interfered with the punishment, which was imposed by the petitioner Corporation after following the due procedure. It is, hence, prayed that the present petition be allowed.

On the other hand, learned Counsel for the respondent workman has supported the judgment and award of the tribunal and has prayed to dismiss the petition.

Heard learned Counsel for the parties and perused the material on record. While setting aside the order of punishment, the Tribunal come to the conclusion that reporter neither visited the place of incident nor recorded the statements of the passengers personally, and hence, the same cannot be believed. The tribunal has further observed that since the statements were neither recorded in the presence of the concerned workman nor the persons, who gave such statements, were examined during the course of departmental inquiry, it cannot be said that the incident occurred on account of sole negligence on the part of the respondent workman. However, while doing so the Tribunal failed to appreciate the fact that the respondent workman was imposed the punishment after following the procedure required under the law i.e. issuance of charge sheet, conducting of departmental inquiry etc.. It has also come on record that the respondent workman was given opportunity to cross-examine the witnesses of the petitioner and to examine witnesses in his defence and on completion of the inquiry, since, the alleged misconduct stood proved, he was imposed the punishment of stoppage of three increments. It is not in dispute that on account of the alleged accident several passengers including conductor sustained injuries and the damage caused to the bus to the extent of Rs. 45,000/-. I am, therefore, of the opinion that the Tribunal ought not to have interfered with the punishment imposed by the competent authorities, after following the procedure required under the law. In the result, this petition is ALLOWED. The impugned judgment and award of the Tribunal, Dated : 17.04.2007, is quashed and set aside. The punishment of STOPPAGE of THREE increments with FUTURE effect, imposed by the authorities on the respondent workman is RESTORED. Rule is made absolute. No order as to costs.