Gujarat State Road Transport Corporation vs Sursangbhai Shankarbhai Padhir

K.S. Jhaveri, J.—This petition is directed against the judgement and award dated 6th October 2003 passed by Labour Court, Baroda in Reference (LCB) No. 1178 of 1994 where by the Labour Court set aside the order of dismissal and directed to impose punishment of stoppage of two increments with future effect and directed the petitioner to reinstate the respondent with continuity of service and with 70% back wages.

The respondent was serving with the petitioner Corporation as driver. On 25th April 1994 at Chokari, the vehicle driven by the respondent got punctured and therefore the same was taken to Padra Depot workshop. The Vehicle examiner offered another vehicle so that the trip can be completed. However, the respondent refused to accept the same and the trip was cancelled. In view of the misconduct an inquiry was initiated and after holding departmental inquiry the services of the respondent came to be terminated. The appeal filed by the respondent came to be dismissed. The respondent therefore raised a dispute which was recorded as Reference (LCB) No. 1178 of 1994 before the Labour Court, Baroda. The Labour Court, after adjudicating the matter, passed the award as stated hereinabove.

Heard the learned Advocates for the respective parties and perused the relevant documents on record. As a result of this exercise I am of the view that looking to the misconduct the dismissal from service is disproportionate to the nature of the misconduct committed by the respondent and therefore the Labour Court has rightly reinstated the respondent in service. However, it is required to be noted that there was serious misconduct on the part of the respondent as a result of which a trip was required to be cancelled and there was economical and financial loss to the Corporation. It is because of the misconduct of the respondent he remained out of job. Further there was no plea nor evidence or proof to show that from the alleged date of dismissal of his service till the date of the award the respondent was not in gainful employment. I am therefore of the view that the Labour Court was not justified in granting back wages to the respondent.

In the premises aforesaid, the judgement and award impugned herein is quashed and set aside qua back wages. The rest of the award is confirmed. Rule is made absolute to the aforesaid extent with no order as to costs. It is clarified the penalty order of stoppage of two increments with future effect is also not disturbed. The award shall be given effect from the date of publication of the award till his reinstatement and the same shall be implemented within a period of four months from today.