By way of this petition, the petitioner has challenged the judgement and award dated 30.12.2003 passed by the Labour Court, Rajkot, in Reference (IT) No. 50 of 1998 whereby the Labour Court has reduced the penalty of four yearly increments to six monthly increments without any future effect and also set aside the order of penalty dated 30.4.1997 with a direction to pay financial difference of 50%. 2. The respondent workman was working as conductor with the petitioner. On 8.5.1993 and 11.2.1997 when the cheking squad checked the bus, certain financial irregularities committed by the workman were noticed. The respondent workman collected fare from the passengers without issuing tickets to them. Hence chargesheet was issued to him. After holding Departmental Inquiry, as the charge was proved, penalty of stoppage of four yearly increments with permanent future effect was imposed upon the respondent by the authority vide order dated 19.5.1994. Another penalty of stoppage of one yearly increment with permanent future effect was also imposed upon the workman by order dated 30.4.1997.
3. The respondent workman preferred appeal against the said orders. The appeal was dismissed by the authority.
4. Therefore, the respondent workman raised a dispute which culminated into the aforesaid Reference. The Tribunal passed the judgement and award as aforesaid.
5. Heard learned advocates for the parties. Learned counsel for the petitioner contended that in spite of several other defects, namely, about 14 defects, the Labour Court has committed error in reducing the penalty of stoppage of four yearly increments to six monthly increments without any future effect and also setting aside the order dated 30.4.1997 imposing a penalty of stoppage of one yearly increment with permanent future effect. Therefore, the order of the Labour Court is required to be set aside. Learned counsel for the respondent contended that the Labour Court has passed the impugned order after taking into consideration the evidence and other material on record. Therefore, no interference is required by this Court with the order of the Labour Court.
6. Considering the evidence of record and keeping in mind the defects committed by the workman, I am of the view that ends of justice will meet if the penalty of stoppage of four yearly increments is reduced to stoppage of two yearly increments with future effect.
7. Accordingly, penalty of stoppage of four yearly increments is reduced to stoppage of two yearly increments with future effect. The petition is allowed to the aforesaid extent. The order of the Labour Court dated 30.12.2003 is modified accordingly. Rule is made absolute. No order as to costs.
8. The order will be implemented within six months from today.
(K.S.JHAVERI, J.) (pkn)