Gujarat State Road Transport Corporation vs Kantibhai J. Parmar

K.S. Jhaveri, J.—This petition is directed against the judgment and award dated 9th July 2001 passed by learned Industrial Tribunal, Ahmedabad in Reference (IT) No. 57 of 1998 whereby the Tribunal has set aside the punishment inflicted upon the respondent to place at his original salary and directed to inflict punishment of stoppage of annual increments for three years on temporary basis.

The respondent was serving with the petitioner Corporation as Conductor. On 6th July 1994, on a surprise checking, it was found that the respondent has committed certain irregularities inasmuch as after collecting fare he had issued unpanched tickets. A chargesheet was issued to him and a departmental inquiry was instituted. Ultimately a punishment of stoppage of three increments with future effect was imposed upon him. Thereafter the respondent was issued a review show case notice and the reviewing authority passed an order enhancing the punishment placing him at his original salary. The second appeal preferred by the respondent came to be dismissed. The respondent therefore raised a dispute which was numbered as Reference (IT) No. 57 of 1998 before the Industrial Tribunal, Ahmedabad, which came to be allowed as stated hereinabove.

Heard the learned Advocates for the respective parties and perused the relevant record. As a result of this exercise, I am of the view that the Tribunal has committed an error in not considering the 18 past defaults on the part of the respondent. In view of such past defaults, the punishment imposed by the Tribunal is too lenient and not in consonance with the gravity of the misconduct. Having considered the matter in depth, I am of the view that imposition of penalty of stoppage of three increments with future effect would meet the ends of jsutice.

Accordingly a punishment of stoppage of three increments with future effect shall be imposed upon the respondent. The judgment and award of the Labour Court is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs. The judgment and award shall be implemented within a period of six months from today.