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Aslambhai M Sheikh vs Divisional Controller

High Court Of Gujarat|03 December, 2012
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JUDGMENT / ORDER

1. This petition has been preferred against the judgment and award passed by the Labour Court, Surat in Reference (LCS) No.455/2001 dated 20.11.2006 whereby, the said reference was rejected.
2. The facts in brief are that the petitioner herein was serving as Conductor with the respondent-Corporation. While discharging duties as such on 08.04.1999, the bus was checked by the checking squad of the respondent-Corporation and it was found that the petitioner had allegedly committed certain irregularities in the issuance of tickets. Therefore, charge-sheet was issued against the petitioner and ultimately, the punishment of dismissal from service was imposed upon the petitioner, vide order dated 14.02.2001. Against the said action of the respondent, the petitioner raised a dispute, which culminated into a reference before the Labour Court, Surat. After hearing both the sides, the Labour Court rejected the said reference, by impugned award dated 20.11.2006. Hence, this petition.
3. Heard learned counsel for both the sides. It appears from the record that earlier the petitioner was dismissed from service on three different occasions and was, subsequently, reinstated. The petitioner had also committed 21 defaults in the past. In spite of the above defaults, the petitioner did not improve his conduct in service and continued to commit serious irregularities, which caused financial loss to the respondent- Corporation. In the enquiry conducted against the petitioner, the charges were proved beyond doubt. Considering the history of the petitioner and the present default, the punishment imposed by the authority is just and appropriate and I do not find any reasons to substitute the same. I am in complete agreement with the reasonings given by the Labour Court in the award and hence, find no reasons to disturb the same.
4. For the foregoing reasons, the petition is dismissed. Rule is discharged.
(K.S.JHAVERI, J.) Pravin/*
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Title

Aslambhai M Sheikh vs Divisional Controller

Court

High Court Of Gujarat

JudgmentDate
03 December, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Murali N Devnani