In spite of the earlier order dated 05.12.2012, Mr. Ghotra, learned counsel for the respondent is not present. Hence, the matter is taken up exparte.
1. By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Labour Court, Vadodara in Reference (LCV) No.309/2003 dated 22.06.2005, whereby, the petitioner was directed to reinstate he respondent on his original post with continuity of service and without back wages.
2. The facts in brief are that the respondent was charge sheeted for disciplinary proceedings in relation to an incident that had occurred on 28.09.2001 where the respondent was allegedly found to have committed certain irregularities in the issuance of tickets. Ultimately, the disciplinary authority imposed the punishment of dismissal from service, vide order dated 21.06.2002.
3. Against the said order, the respondent raised a dispute, which was referred to the Labour Court, Vadodara for adjudication. The Labour Court, after hearing both the sides, partly allowed the reference by way of the impugned award.
Hence, this petition.
4. Heard learned counsel for the petitioner and perused the documents on record. The respondent was found guilty of serious irregularity / misconduct on 7 different occasions in the past. Of these defaults, many defaults related to incidents of similar nature. In spite of being found guilty of similar defaults in the past, the respondent did not improve his behaviour and continued to commit such misconduct, which is highly unbecoming of a public servant.
5. Looking to the facts of the case and the past record of the respondent, I am of the opinion that the Tribunal ought not to have completely set aside the order of punishment, as it would amount to granting premium to a wrongdoer. In my opinion, if the penalty of stoppage of One Increments with future effect is imposed on the respondent, the same would meet with the ends of justice. Orders accordingly. The impugned award stands modified accordingly. Rest of the award stands confirmed. The order to be implemented within a period of six months from today. The petition stands disposed of accordingly. Rule is made absolute to the above extent with no order as to costs.
(K.S.JHAVERI, J.) /phalguni/