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Divisional Controller Gujarat ... vs Rameshbhai B Machhi Through

High Court Of Gujarat|27 July, 2012

JUDGMENT / ORDER

1. By way of this petition, the petitioner-Corporation has challenged the judgement and award dated 27.07.2012, passed by the Industrial Tribunal No.3, Vadodar, in Reference (IT) No.42 of 2009, whereby the Tribunal has partly allowed the reference and the punishment imposed by the petitioner-Corporation on the respondent-workman of stoppage of two increments with future effect was substituted to one increment with future effect and directed the petitioner-Corporation to pay all the consequential benefits to the respondent-workman.
The short facts leading to filing of this petition are that the respondent herein, was serving as Conductor with the petitioner-Corporation. However, on checking it would found that two passengers were travelling in the bus without ticket. After holding inquiry, the penalty of three increments with future effect was imposed on the respondent-workman and subsequently, the penalty was reduced to two increments with future effect by the Appellate Authority. Thereafter, the respondent-workman raised dispute, which culminated into to reference (IT) No. 42 of 2009 before the Industrial Tribunal. The Tribunal after hearing the parties, vide impugned judgement and award dated 27.7.2012, the punishment of stoppage of two increments with future effect was substituted to stoppage of one increment with future effect and directed the petitioner-Corporation to pay all the consequential benefits to the respondent-workman. Hence, this petition.
3. I have heard learned counsel for both the parties and perused the material on record. I have also gone through the judgment and award of the Industrial Tribunal and find that the Industrial Tribunal has rightly passed the impugned judgment and award. I do not find any infirmity much less any perversity in the impugned judgement and award passed by the Industrial Tribunal. The Industrial Tribunal has given cogent and convincing reasons in passing the impugned award. Apart from that learned advocate for the petitioner is not in a position to show anything from the record to take a different view in the matter. Therefore, the present petition deserves to be dismissed and the same is accordingly, dismissed.
(K.S.JHAVERI,J.) pawan Page 3 of 3
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Title

Divisional Controller Gujarat ... vs Rameshbhai B Machhi Through

Court

High Court Of Gujarat

JudgmentDate
27 July, 2012