Gujarat State Road Transport Corporation vs Shantilal M. Parmar

K.S. Jhaveri, J.—This petition is directed against the judgement and award dated 10.09.2003 passed by learned Industrial Tribunal, Vadodara in Reference (IT) No. 61 of 2000 whereby the Tribunal has set aside the punishment inflicted upon the respondent of stoppage of 7 increments with future effect.

The respondent was serving with the petitioner Corporation as Conductor. On 24.03.1994, on a surprise checking, it was found that the respondent has committed certain irregularities inasmuch as after collecting fare he had not issued tickets. A chargesheet was issued to him and a departmental inquiry was instituted. Ultimately a punishment of stoppage of seven increments with future effect was imposed upon him vide order dated 31.08.1995. The respondent without filing departmental appeal, raised a dispute which was numbered as Reference (IT) No. 61 of 2000 before the Industrial Tribunal, Vadodara. The Tribunal after adjudicating the matter, passed the order as stated aforesaid.

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 22 past defaults on the part of the respondent. In view of such past defaults, the Tribunal while exercising power u/s 11(A) of the Industrial Disputes Act, 1947. Having considered the matter in depth, I am of the view that imposition of penalty of stoppage of four increments with future effect would meet the ends of justice.

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