Gujarat State Road Transport Corporation vs A.M. Kadari

K.S. Jhaveri, J.—By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the judgment and award

dated 25.02.2004 passed by the Industrial Tribunal, Surat in Reference (I.T.) No. 42 of 1998, whereby the Reference of the respondent came to

be allowed and order dated 31.08.1994 imposing punishment of stoppage of five increments with future effect was quashed and set aside.

The case of the petitioner is that the respondent- Driver was working with petitioner-Corporation. A departmental inquiry was conducted

against the respondent in pursuance of the careless and negligent driving of the respondent because of which, a pedestrian lady lost her life. After

holding departmental inquiry in accordance with law, the competent authority by order dated 22.06.1994 imposed punishment of stoppage of

seven increments with permanent effect. Against the said order, the respondent preferred departmental first appeal and punishment of stoppage

was reduced from seven increments to five increments with future effect by order dated 31.08.1994. Against the said order dated 31.08.1994, the

respondent preferred second appeal which came to be rejected. The respondent has, therefore raised the dispute before the Industrial Tribunal,

Surat by way of Reference (I.T.) No. 42 of 1998, which was allowed by way of impugned judgment and award. Hence, present petition.

Heard learned advocates appearing for the respective parties and perused the documents on record. The respondent was found guilty of

misconducts on seven occasion in the past. Being an employee, attached with a public utility sector, it was the duty of the respondent to take

necessary care and caution while discharging his duties. Inspite of having committed such defaults in the past, the respondent had not exercised

reasonable care and was found negligent, which is highly unbecoming of a Government employee.

Looking to the facts of the case, it is found that while exercising power u/s 11A of the Industrial Disputes Act, 1947, the Tribunal has not

imposed any penalty on the respondent. I am, therefore of the view that interest of justice would be met by imposing a punishment of stoppage of

one increment with future effect upon the respondent. Accordingly, a penalty of withholding of one increment with future effect is imposed upon the

respondent. The award of the Industrial Tribunal is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.

The ensuing monetary benefits will be released by the petitioner within a period of four months from today. The petition stands disposed of

accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.