Gujarat State Road Transport Corporation vs Gulamali Ismail Mohmed Patel

K.S. Jhaveri, J.—This petition is directed against the judgment and award dated 21st January 2004 passed by Industrial Tribunal, Baroda in Reference (IT) No. 248 of 1998 Whereby the Tribunal quashed and set aside the order of punishment and directed the petitioner to pay the benefits of the same.

The respondent was serving as Conductor with petitioner Corporation. On 18th December 1991 the respondent along with other employee made protest against the Officer of Depot and on account of that the work of the Division/Depot was affected. The respondent resorted to strike and substantial damage was caused to the Corporation. A departmental inquiry was initiated which resulted into dismissal of the respondent from service. In first departmental appeal the punishment of removal from service is reduced to putting him on his original pay scale without monetary benefits during the intervening period. The second appellate authority further reduced the punishment to putting respondent on original pay scale for five years. The respondent therefore raised a dispute which was numbered as Reference (IT) No. 248 of 1998 before Industrial Tribunal, Baroda. The Tribunal set aside the punishment order as revised by second appellate authority against which the present petition is filed.

Though served none appears for the respondent. Heard the learned Advocate for the petitioner and perused the relevant documents on record. As a result of this exercise it is evident that no punishment was imposed by the Tribunal even though the guilt against the respondent was proved. The respondent had resorted to strike, abused the officer and had caused financial loss to the Corporation. Under these circumstances some penalty ought to have been imposed upon the respondent. Apart from that there are 29 defaults committed by the respondent. I am therefore of the view that interest of justice would be met by imposing a penalty of stoppage of five increments with future effect.

In the premises aforesaid, the impugned judgment and award of the Labour Court is set aside. A penalty of stoppage of five increments with future effect shall be imposed upon the respondent. Rule is made absolute accordingly with no order as to costs.

The aforesaid order shall be implemented within six months from today.