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Judgment
K.S. Jhaveri, J.—This petition is directed against the judgement and award dated 18.09.2003 passed by Labour Court, Ahmedabad in Reference (LCA) No. 1162 of 1999 whereby the petitioner Corporation was directed to reinstate the respondent without back wages and imposing a penalty of stoppage of two increments with future effect.
The respondent was serving as Conductor with petitioner Corporation. On 28.10.1994, it was found that he has committed irregularity of collecting fare without issuing tickets. Departmental inquiry was initiated against him which resulted in the dismissal of the services of the respondent. Against the dismissal order, the respondent therefore raised a dispute by way of Reference (L.C.A) No. 1162 of 1999 wherein the Labour Court, Ahmedabad has passed the award as stated hereinabove which is challenged in the present petition.
Heard learned advocates appearing for the respective parties and perused the documents on record. As a result of this exercise, the Labour Court has found that the allegation against the petitioner regarding misbehaviour and dishonesty was not proved. The statements of the passengers regarding the misappropriation of Rs. 23/- were not taken. In my opinion, the Labour Court was fully justified in granting reinstatement to the respondent without backwages and imposing penalty of stoppage of two increments with future effect. This penalty is sufficient for the misconduct of the respondent and it does not require any enhancement.
In the premises aforesaid, I do not find any merits in the petition. The same is therefore dismissed. Rule is discharged with no order as to costs.
The judgement and award of the Labour Court shall be implemented within four months from today.