By way of the present petition, the petitioner has challenged the judgement and award passed by the Industrial Tribunal in Reference (IT) No. 38 of 1997 on 17.10.2003 whereby the Tribunal cancelled the penalty which was reduced to stoppage of one increment by the second appellate authority. 2. The facts of the case are that respondent workman was working as driver with the petitioner Corporation. He caused accident which resulted in death of one person and serious injuries to other passengers. After holding Departmental Inquiry, he was awarded punishment of stoppage of three increments with permanent effect. Against the said order, he preferred appeal. The First Appellate authority reduced the penalty of stoppage of three increments to stoppage of two increments with permanent effect. The respondent workman preferred Second Appeal. In Second Appeal, the penalty of stoppage of two increments is reduced to stoppage of one increment without any financial basis.
3. The respondent workman, therefore, filed Reference before the Industrial Tribunal. The Tribunal after considering the evidence on record, allowed the Reference and cancelled the penalty as aforesaid.
4. I have heard learned counsel for the parties. Learned counsel for the petitioner contended that the respondent was working as driver. He caused serious accident. Therefore, the authority imposed the penalty of stoppage of three increments with permanent effect which was reduced to two increments by the first appellate authority and further reduced to one increment without any future effect by the second appellate authority. Learned advocate Mr. Trivedi for the petitioner submitted that the order of the first appellate authority is required to be upheld. The respondent workman committed 14 defaults. The discipline is required to be maintained by the workman.
5. Learned counsel for the respondent workman contended that it was a sheer accident. There was no rash and negligent driving on the part of the workman.
6. Considering the evidence on record and that there were 14 defaults committed by the workman, I am of the opinion that ends of justice will meet by imposing penalty of stoppage of two increments with future effect.
7. Accordingly, the order of the Tribunal dated 17.10.3003 is quashed and set aside. The order of second appellate authority is also set aside. Penalty of stoppage of two increments with future effect is imposed upon the respondent workman. The petition is allowed to the aforesaid extent. Rule is made absolute accordingly. No order as to costs.
(K.S.JHAVERI, J.) (pkn)