Gujarat State Road Transport Corporation vs Laljibhai A. Patel

K.S. Jhaveri, J.—Though served, none appears for the respondent.

This petition is directed against the judgement and award dated 14th July 2003 passed by Industrial Tribunal in Reference (IT) No. 117 of 2009

whereby the punishment imposed upon the respondent was reduced to withholding of three increments without future effect.

The respondent was serving as driver with the petitioner Corporation. He was found to be habitual defaulter and negligent in discharging his duty

and various charges have been levelled against him. He was therefore charge-sheeted and a departmental proceedings were initiated which

resulted in the dismissal of the respondent. The first departmental appeal of the respondent came to be dismissed. He thereafter raised a dispute

which was numbered as Reference IT No. 117 of 1999 before the Industrial Tribunal, Ahmedabad. The Tribunal set aside the dismissal order and

imposed a punishment of withholding three increments with future effect. It is against the said order that the present petition has been filed.

Heard the learned Advocates for the respective parties and perused the relevant documents on record. As a result of this exercise I am of the

view that looking to the misconduct attributed to the petitioner the dismissal from service is too harsh. However it is evident from the record that in

the inquiry the guilt of the respondent was proved beyond doubt. The misconduct pertains to financial irregularity. There were as many as 39

misconducts on the part of the respondent which fact was not considered by the Tribunal and in spite of this fact the Labour Court has taken a

lenient view by imposing a minor penalty. However, having considered the overall facts and circumstances I am of the view that interests of justice

would be met by imposing a penalty of stoppage of five increments with future effect.

In the premises aforesaid, a penalty of stoppage of five increments with future effect shall be imposed upon the respondent. The judgment and

award of the Tribunal is modified to the aforesaid extent. The award shall be implemented within a period of four months from today. Rule is made

absolute accordingly with no order as to costs.