Gujarat State Road Transport Corporation vs A.K. Sharma

K.S. Jhaveri, J.—This petition is directed against the judgment and award dated 6th June 2007 passed by Industrial Tribunal at Ahmedabad in Reference (IT) No. 37 of 2004 whereby the Tribunal has set aside the penalty of stoppage of an yearly increment for a period of three years with future effect imposed by the competent authority.

The respondent herein was serving as Driver with petitioner Corporation. While he was on duty an accident took place in which one motor cyclist died. Departmental inquiry was initiated against the respondent which resulted into imposing penalty of stoppage of one increment for five years. The first Appellate Authority reduced the said penalty to stoppage of increment with for a period of three years. The respondent therefore raised a dispute which was recorded as Reference (IT) No. 37 of 2004. The Tribunal quashed and set aside the penalty as stated hereinabove against which the present petition has been filed.

Heard the learned Advocates for the respective parties and perused the relevant documents on record. As a result of this exercise, I am of the view that the guilt of the respondent was established. There was negligence on the part of the respondent which resulted into loss to the Corporation. Apart from this, there were eight defaults by the respondent in the past. This aspect was not considered by the Tribunal inasmuch as the Tribunal has not imposed any penalty upon the respondent. Having considered the facts and circumstances of the case I am of the view that interests of justice would be met by imposing a penalty of stoppage of one increment with future effect.

In the premises aforesaid, the impugned judgment and award of the Labour Court is quashed and set aside. A penalty of stoppage of one increment with future effect shall be imposed upon the respondent. Rule is made absolute to accordingly with no order as to costs. The order shall be implemented within a period of six months from today.