Gujarat State Road Transport Corporation vs S.M. Solanki

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 30th March 2007 passed by the Industrial Tribunal, Vadodara in Reference (IT) No. 8 of 2001, whereby the Tribunal substituted the punishment imposed by the Reviewing Authority with the punishment imposed of by Disciplinary Authority.

The facts in brief are that the respondent-Conductor was chargesheeted for disciplinary proceedings in relation to an incident that had occurred on 31st August 1992 where the respondent was allegedly found to have committed certain irregularities while issuing tickets. Ultimately, the disciplinary authority imposed the punishment of stoppage of three increments with permanent effect, which ultimately came to be increased to putting him to his original pay scale by the Reviewing Authority.

Against the said order of dismissal, the respondent raised a dispute, which was referred to the Industrial Tribunal, Vadodara. 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 punishment imposed by the Reviewing Authority and confirmed the order 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 Tribunal is just and proper. The Tribunal 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 Tribunal. No case is made out to interfere with the findings recorded by the Tribunal. Hence, present petition deserves to be dismissed.

For the foregoing reasons, present petition fails and is, accordingly, dismissed. 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. Interim relief, if any, stands vacated.