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High CourtsSingle Bench(2010) 08 GUJ CK 0189

Gujarat State Road Transport Corporation vs Amarsinh Rupsinh Zala

Gujarat High Court · Decided on 4 August 2010

HON’BLE JUDGES
K. S. Jhaveri, J
RESULT
Dismissed
CASE NUMBER
Special Civil Application No. 1171 of 2008
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Judgment

5 paragraphs · 356 words

K.S. Jhaveri, J.—This petition is directed against the judgment and award dated 22nd May 2007 passed by the Labour Court, Nadiad in Reference (LCN) No. 12 of 2004 whereby the Labour Court has set aside the dismissal order passed by the petitioner and directed the petitioner to reinstate the respondent with continuity of service without back wages and also imposed a penalty of stoppage of one increment with future effect.

2.

The respondent was serving as Conductor with respondent Corporation. On 15th October 2001, on a surprise checking it was found that the respondent has committed certain irregularities inasmuch as though he had collected fare from passengers, he had not issued tickets to them. A chargesheet was issued to him and a departmental inquiry was initiated which resulted into dismissal of the respondent from service. The first departmental appeal preferred by the respondent came to be dismissed. Thereafter he raised a dispute which was referred to Labour Court, Nadiad and numbered as Reference (LCN) No. 12 of 2004. After adjudicating the matter the Labour Court passed the judgment and award as stated hereinabove against which the present petition has been filed.

3.

As a result of hearing and perusal of the record I am of the view that looking to the misconduct of the respondent it was not a case for dismissal from service and the Labour Court has rightly set aside the dismissal order. The respondent has history of three past defaults. Looking to the misconduct the Tribunal has imposed a penalty of stoppage of one increment with future effect, which in my opinion, is just and proper and does not require any enhancement. Further, the Labour Court has not granted any back wages to the respondent. I am, therefore, in complete agreement with the reasonings adopted and findings arrived at by the Labour Court.

4.

In the premises aforesaid, I do not find any merits in this petition. This petition is therefore dismissed. Rule is discharged with no order as to costs.

5.

The judgment and award of the Labour Court, if not implemented so far, shall be implemented within six months from today.