Gujarat State Road Transport Corporation vs Ketan D. Mehta Driver - Baje No. 1951

K.S. Jhaveri, J.—This petition is directed against the judgement and award dated 30.08.2003 passed by Industrial Tribunal, Bhavnagar in Reference (I.T.) No. 30 of 2000 whereby the Tribunal set aside the punishment imposed by petitioner-Corporation and directed to pay the consequential and incidental benefits to the respondent-workman.

While the respondent-Driver working with the petitioner-Corporation was on duty on 05.07.1994, because of rash and negligent driving of the respondent, one pedestrian was injured and had expired. In view of the said incident, an inquiry was initiated and after holding departmental inquiry, vide an order dated 31.07.1995, five yearly increments of the respondent-workman were stopped with permanent effect. The appeal filed by the respondent came to be dismissed. The respondent therefore raised a dispute which was recorded as Reference (I.T) No. 30 of 2000 before the Tribunal. The Tribunal, after adjudicating the matter, passed the award as stated hereinabove which is challenged in the present petition.

Heard the learned Advocates for the respective parties and perused the relevant documents on record. As a result of this exercise it is found that after delay of approximately 4 years, the respondent raised industrial dispute. The penalty was imposed in the year 1995 and the respondent has raised industrial dispute in the year 2005.

Looking to the facts of the case, it is found that while exercising power u/s 11A of the Industrial Disputes Act, 1947, the Tribunal has not imposed any penalty on the respondent. Keeping in mind that there were only two default on the part of the respondent, I am, of the view that interest of justice would be met by imposing a punishment of stoppage of one increment without future effect upon the respondent. Accordingly, a penalty of stoppage of one increment without future effect is imposed upon the respondent. The award of the Industrial Tribunal is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.

The aforesaid award shall be implemented within a period of five months from today. It is clarified that effect of this judgement will be given from the date of reference.