AI Structured Summary
Not yet generated for this judgment
Judgment
K.S. Jhaveri, J.—This petition is directed against the judgment and award dated 10th August 2000 whereby the Labour Court has rejected the Reference on the ground that the reference was filed after a period of six years.
It is well settled law that in case of delay, the Court is required to take a practical view and if the delay is condoned at the most that can happen is to hear a matter on merits. In the present case the date of rejection of second appeal is 30.3.1991. In that view of the matter the impugned order is required to be quashed and the matter is required to be remanded to the Labour Court. However, this matter pertains to the year 1981 and remand would take another few years. Therefore at the request of the learned Advocates the matter is finally decided by this Court.
The respondent was serving with the respondent Corporation as conductor. In view of misconduct, a punishment of stoppage of three increments with future effect was imposed upon the petitioner. The petitioner, therefore raised a dispute which was referred to Industrial Tribunal, Ahmedabad, which rejected the reference as stated hereinabove.
Heard the learned Advocates for the respective parties and considered the relevant documents on record. There are five past defaults in the history of the respondent. Having considered the matter at length and looking to the graving of misconduct and also past record, I am of the view that interest of justice would be met by imposing a punishment of stoppage of one increment with future effect upon the respondent.
Accordingly a penalty of stoppage of one increment with future effect shall be imposed upon the respondent. The judgment and award of the Labour Court is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.
The award shall be implemented within a period of six months from today.