Heard the learned advocate Mr. Songara for the petitioner. The respondent, though served, has not entered appearance.
It appears that the petitioner was at the relevant time serving as a Bus Conductor in the respondent-Gujarat State Road Transport Corporation [hereinafter referred to as, `the Corporation']. In the year 1982, he was transferred from Bhavnagar to Palitana. It was alleged that though the petitioner had not moved his family and his household to the place of his transfer i.e., at Palitana, he claimed a false Transfer Allowance bill for shifting of his households. The disciplinary action was held against the petitioner. After the charge having been proved, the petitioner was visited with punishment of withholding of two increments with cumulative effect. Feeling aggrieved, the petitioner raised an industrial dispute which was referred to the Industrial Tribunal, Bhavnagar and registered as Reference (IT) No. 42 of 1989 and re-registered as Reference (IT) No. 236 of 1991. The learned Tribunal, under its judgment and award dated 28th November, 2000, dismissed the claim made by the petitioner. Feeling aggrieved, the petitioner has preferred the present petition.
Mr. Songara has submitted that the learned Tribunal has erred in not believing the piece of evidence i.e., the statement given by one Baldevbhai Nathalal, a resident of Palitana whose house had been rented by the petitioner at Palitana. Mr. Songara has read-over the said statement given by the said Baldevbhai Nathalal before the inquiring authority. The said statement contains several contradictory statements and is far from being believable. If the said statement is not believed by the learned Tribunal, the learned Tribunal cannot be said to have erred, as contended by Mr. Songara. The Tribunal has believed the finding of guilt recorded by the disciplinary authority and has also found the punishment imposed upon the petitioner to be commensurate to the guilt established. In view of the finding recorded by the Tribunal, no interference is warranted. Petition is dismissed. Notice is discharged.
{Miss R.M Doshit, J.} Prakash*