Gujarat State Road Transport Corporation vs Arjanbhai Tejabhai Makwana

K.S. Jhaveri, J.—This petition is directed against the judgment and award dated 29th July 2002 in Reference I.T. No. 227 of 1992 passed by Industrial Tribunal, Rajkot whereby the Tribunal has set aside the punishment order passed by the department.

The respondent was working as a driver with petitioner Corporation. On 8th October 1990 he was on duty and during that time due to his negligence an accident has occurred wherein five passengers as well as conductor were injured and the bus was damaged to the extent of Rs. 10000/-. A chargesheet was issued and a departmental inquiry was initiated against respondent which resulted into order for recovery of a sum of Rs. 7179.25 paise from the respondent. The respondent raised a dispute which was recorded as Reference I.T. No. 227 of 1992 before Industrial Tribunal, Rajkot which passed the aforesaid judgment and award.

Heard the learned Advocate for the petitioner and perused the relevant record. As a result of this exercise certain aspects are not disputed. Firstly the accident in question had taken place and the negligence of the respondent was proved. There was financial loss to the Corporation. The Tribunal found that the Corporation was not justified in ordering recovery of amount from the respondent. I am in complete agreement with the view taken by the Tribunal as the Corporation cannot recover such amount from the respondent on any ground. However, while deciding the reference the Tribunal fell into error in not imposing any penalty upon the respondent as it is because of his negligence the accident in question has taken place. In past the respondent had committed two defaults.

Having considered the matter in depth and the past default I am of the view that interest of justice would be met by imposing a penalty of stoppage of one increment with future effect upon the respondent. Accordingly the a penalty of stoppage of one increment with future effect shall be imposed upon the respondent. The judgment and award of the Industrial Tribunal is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.