1. This petition has been filed against the judgment and award passed by the Industrial Tribunal, Ahmedabad in Reference (IT) No.108/2010 dated 21.12.2011 whereby, the reference was allowed and the penalty imposed by the petitioner-Corporation of placing the respondent-workman three stages below from his basic pay of Rs.5,570/- with effect from 02.05.2005 was quashed and set aside and the benefits thereof were ordered to be paid within a period of thirty days from the date of the award.
2. The facts in brief are that the respondent-workman was serving as a Helper with the petitioner-Corporation since 01.12.1977. The petitioner-Corporation issued a charge-sheet against the respondent-workman in connection with an incident of allegedly availing unauthorized leave on 08.09.2003. Ultimately, the penalty of placing the respondent-workman three stages below his basic pay of Rs.5,570/-. Being aggrieved by the said order of penalty, the respondent- workman raised a dispute, which culminated into a reference before the Industrial Tribunal. After hearing both the sides, the Industrial Tribunal quashed the order of penalty, by way of the impugned award. Hence, this petition.
3. Heard learned counsel for both the sides. It appears from the record that the respondent-workman has committed seven defaults in the past. Considering the said aspect of the case, the Industrial Tribunal ought to have imposed some punishment on the respondent-workman while quashing and setting aside the penalty imposed by the petitioner-Corporation. In my opinion, if the penalty of stoppage of one increment with future effect is imposed on the respondent- workman, the same would meet with the ends of justice.
4. For the foregoing reasons, the petition is partly allowed. The impugned award is modified to the extent that the respondent-workman shall be imposed the penalty of stoppage of one increment with future effect. The award stands modified to the above extent. The effect of this order shall be given 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.) Pravin/*