Gujarat State Road Transport Corporation vs Mohanbhai Heriyabhai Chaudhary

K.S. Jhaveri, J.—By way of this petition, the petitioner has inter alia prayed to quash and set aside the judgment and award dated 11th June 2004 passed by the Labour Court, Surat in Reference (LCS) No. 223 of 2003, whereby the Labour Court set aside the order of dismissal passed by the petitioner-Corporation against the respondent.

The facts in brief are that the respondent-Conductor was charge-sheeted for disciplinary proceedings in relation to an incident that had occurred on 18th February 2002 where the respondent was allegedly found to have committed certain irregularities while issuing tickets. Ultimately, the disciplinary authority dismissed the respondent from service.

Against the said order of punishment, the respondent raised a dispute, which was referred to the Industrial Tribunal, Surat. The Tribunal, after hearing both the sides, allowed the reference partly by way of the impugned award. Hence, this petition.

Heard learned Counsel for the respective parties and perused the documents on record. The respondent was found guilty of serious irregularity/misconduct on different occasions in the past. Of these defaults, many defaults related to incidents of similar nature. In spite of being found guilty of similar defaults in the past, the respondent did not improve his behaviour and continued to commit such misconduct, which is highly unbecoming of a public servant.

Looking to the facts of the case and the past record of the respondent, I am of the opinion that the Labour Court has rightly substituted the order of dismissal passed by the Disciplinary Authority in exercising of powers u/s 11(A) of the Act. In view of aforesaid, the view taken by the Labour Court is just and proper. The Labour Court has assigned cogent and convincing reasons for arriving at the conclusion. I do not find any illegality much less any perversity in the findings recorded by the Labour Court. No case is made out to interfere with the findings recorded by the Labour Court. Hence, present petition deserves to be dismissed.

For the foregoing reasons, present petition fails and is, accordingly, dismissed. The petitioner is directed to reinstate the respondent on or before 01st October 2010, if not reinstated till date. The rest of the impugned judgment and award to be implemented within a period of seven months from today. Rule is discharged with no order as to costs.