Gujarat State Road Transport Corporation vs Jamnadas K. Sureja

M.R. Shah, J.—By way of this petition under Article 227 of the Constitution of India, petitioner Gujarat State Road Transport Corporation has prayed for appropriate writ, direction or order quashing and setting aside the impugned judgment and award dated 23.08.2005 passed by the Industrial Tribunal, Rajkot passed in Reference (IT) No. 176/1997, by which the learned Tribunal in exercise of powers u/s 11(a) of the Industrial Disputes Act has interfered with the order of punishment imposed by the Disciplinary Authority.

A departmental proceeding was initiated against respondent workman who was serving as a Conductor in Junagadh Division for non-issuance of the tickets to the passengers and re-issuing of the tickets. On charge and misconduct being proved and established in the inquiry, the Disciplinary Authority imposed the punishment putting the respondent to the basic pay scale for five years. The Departmental Appeal against the aforesaid order came to be dismissed. That the respondent raised an industrial dispute and requested to exercise powers u/s 11(a) of the Industrial Disputes Act and to reconsider the decision of imposing punishment. That the learned Tribunal by impugned judgment and order interfered with the order of the punishment of the Disciplinary Authority and substitute the same to withhold the increment for two years without future effect and to pay 50% of back wages. Being aggrieved and dissatisfied with the impugned judgment and award passed by the Industrial Tribunal, Rajkot dated 23.08.2005 passed in Reference (IT) No. 176/1997, petitioner Gujarat State Road Transport Corporation has preferred the present Special Civil Application under Article 227 of the Constitution of India.

Ms. Falguni Patel, learned advocates appearing on behalf of the petitioner has vehemently submitted that once the charge and misconduct of non-issuance of the ticket and re-issuance of the ticket came to be proved and when the Disciplinary Authority imposed the punishment of putting the respondent to the basic pay scale for five years, the Tribunal has materially erred in interfering with the same in exercising powers u/s 11(a) of the Industrial Disputes Act and substituting the punishment of withholding of only two increments and that too without future effect. Therefore, it is requested to allow the present Special Civil Application.

Though served, nobody appears on behalf of respondent. It is also required to be noted that while admitting the present petition, the learned Single Judge had already granted the interim relief in terms of para 8(c) i.e. further implementation and operation of the impugned judgment and award passed by the Industrial Court has been stayed which has been continued till date.

Having heard Ms. Falguni Patel, learned advocate appearing on behalf of the petitioner and considering the impugned judgment and award and considering the fact stated herein above, more particularly, considering the fact that charge and misconduct of non-issuance of the tickets to the passengers and re-issuance of the tickets to the passengers, has been proved and established in departmental inquiry and when the Disciplinary Authority imposed the punishment of putting the respondent to the basic pay scale for five years only, the Tribunal has materially erred in interfering with the said punishment in exercise of powers u/s 11(a) of the Industrial Disputes Act. In the facts and circumstances of the case, while interfering with the punishment of putting the respondent in the basic pay scale for five years in exercise of powers u/s 11(a) of the Industrial Disputes Act, the Tribunal has exceeded the jurisdiction and therefore, same deserves to be quashed and set aside.

In view of the above and for the reasons stated above, present petition succeeds. Impugned judgment and award dated 23.08.2005 passed by the Industrial Tribunal, Rajkot passed in Reference (IT) Case No. 176/1997, is hereby quashed and set aside. Rule is made absolute to the aforesaid extent. No costs.