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Judgment
K.S. Jhaveri, J.—This petition is directed against the judgement and award dated 31.12.2002 passed by the Labour Court, Bharuch in Reference (L.C.B) No. 207 of 1992 whereby the Labour Court directed the petitioner to reinstate the respondent in service with continuity of service but without backwages and reduced the punishment of dismissal to stoppage of two increments with future effect.
The case of the petitioner is that the respondent-Conductor, though collected fare from the passengers, tickets were not issued to them. On these allegation, after following the required procedure, he was terminated on 23.02.1990. The respondent, therefore raised a dispute before the Labour Court by way of Reference (L.C.B.) No. 207 of 1992, which was allowed, by way of impugned judgment and award. Hence, present petition.
Heard learned advocates appearing for the respective parties and perused the documents on record. As a result of this exercise, it is evident that the allegation against the respondent was non-issuance of tickets to the passengers. In view of this misconduct, the Labour Court has reinstated the respondent with continuity of service and not granted any back wages to the respondent. The Labour Court has also imposed a penalty of stoppage of two increments with future effect. I am of the view that this penalty is sufficient for the misconduct of the respondent and it does not require any enhancement.
In the premises aforesaid, I do not find any merits in the petition. The same is therefore dismissed. Rule is discharged with no order as to costs. Interim relief, if any, stands vacated.
The judgement and award of the Labour Court shall be implemented within four months from today.