Gujarat State Road Transport Corp. (thru. Asst. Legal Advisor) vs Tarunkumar Babubhai Solanki

K.S. Jhaveri, J.—By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 03.07.1993 passed by the Industrial Tribunal, Rajkot in Reference [ITR] No. 639 of 1984, whereby the Industrial Tribunal has imposed penalty of one increment without future cumulative effect.

The short facts of the case are that the respondent at the relevant time was working as a Conductor with the petitioner Corporation. The allegation against the respondent is that while discharging his duties, he had committed certain financial irregularities. After following due procedure, the disciplinary authority of the petitioner Corporation imposed penalty of stoppage of four increments with future cumulative effect on the respondent. The first appeal preferred by the respondent against the order of the disciplinary authority came to be rejected. Against the said action, the respondent raised a dispute by way of Reference [ITR] No. 639 of 11994, which was allowed, by way of the impugned award. Hence, this petition.

Though served, none appears for the respondent. Heard learned Counsel for the petitioner. It appears that the respondent while discharging his duties has committed financial irregularities and looking to the charges that he had not deposited the amount of Rs. 17.50/- with the petitioner Corporation, the Industrial Court had substituted the penalty of stoppage of one increment with cumulative effect. However, looking to the peculiar facts and circumstances of the case, in my view, the penalty imposed by the Industrial Tribunal is proportionate to the allegations levelled against him and the past record. In the impugned award the Industrial Tribunal had discussed the entire evidence in detail and I find that while arriving at the conclusion the Industrial Tribunal has not committed any illegality which warrants any interference from this Court. I am in complete agreement with the reasonings given and findings arrived at by the Labour Court and hence, do not find any reason to interfere with the same.

In the result, the petition is dismissed. Rule is discharged. Interim relief, if any, stands vacated.