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Judgment
K.S. Jhaveri, J.—Though served, none appears for the respondents.
By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the judgment and award dated 05.07.2003 passed by the Industrial Tribunal, Nadiad in Reference (I.T.) No. 159 of 2000, whereby the Reference of the respondent came to be allowed by quashing and setting aside the punishment order imposed by the authority.
2.1 The case of the petitioner is that the respondent is working as an Artisan "A" mechanic with the petitioner-Corporation. On 04.11.1998, the bus which was on a route of Tarapur-Kapadwanj, broke down because of not taking care by the respondent for servicing and greasing of the bus. The break down report was prepared wherein the respondent was shown responsible for the said break down of the bus. After holding departmental inquiry in accordance with law, the punishment was imposed upon the respondent by way of withholding one increment with temporary effect. The respondent has, therefore raised a dispute before the Industrial Tribunal, Nadiad by way of Reference (I.T.) No. 159 of 2000 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. It is found that there are as many as 19 defaults committed by the respondent. It appears that the Tribunal has not considered the evidence produced on record in respect of these defaults. This is a serious misconduct on the part of the respondent. Most of the defaults pertain to the break down of the vehicle. Looking to the overall facts and circumstances of the case, especially looking to the 19 defaults, I am of the view that imposition of penalty of stoppage of one increment with future effect would meet the ends of justice.
Accordingly, the penalty of stoppage of one increment with temporary effect is converted into one increment with future effect. The award of the Tribunal is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.