Gujarat State Road Transport Corporation vs Purshottambhai Meghjibhai Babaria

K.S. Jhaveri, J.—This petition is directed against the judgement and award dated 23rd December 2003 passed by learned Industrial Tribunal in Reference (I.T.) No. 180 of 1997 whereby the penalty was reduced to stoppage of three increments for three months without future effect and further directed to pay the respondent the difference of wages and other benefits with effect from 1st January 2003.

The respondent was serving as Conductor with petitioner Corporation. While discharging duties it was found that the respondent had though collected fare did not issue tickets. He was charge sheeted and departmental proceedings were initiated. Ultimately the services of the respondent came to be dismissed. The first departmental appeal preferred by the respondent wherein the penalty was reduced to that of placing the respondent at five stages down in his pay. In the second departmental appeal the penalty was again reduced to three stages down in his pay. The petitioner, therefore preferred Reference (IT) No. 180 of 1997 wherein the penalty was revised to stoppage of increment for three months without future effect.

Heard the learned Advocates for the respective parties and also perused the documents on record. From the record it is evident that the respondent had committed as many as 16 defaults out of which 14 were concerning non-issuance of tickets. On one occasion he was also dismissed from service. The respondent is an employee with a public sector undertaking and he was dealing with public money which he misused. Therefore I am of the view that the penalty imposed by the Tribunal is not in consonance with the gravity of misconduct of the respondents. Having considered all the facts and circumstances of the case I am of the view that interest of justice would be met by imposing a penalty of stoppage of three increments with future effect.

Accordingly a penalty of stoppage of three increments with future effect shall be imposed upon the respondent. The judgement and award of the Labour Court is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.

The aforesaid order shall be implemented within a period of four months from today.