1. This petition has been filed against the judgment and award passed by the Industrial Tribunal, Bhavnagar in Reference (IT) No.136/2000 dated 17.05.2005 whereby, the said reference was partly allowed and the penalty imposed upon the respondent vide order dated 23.01.1996 was set aside and the petitioner- Corporation was directed to make payment of all consequential benefits and Rs.500/- by way of cost.
2. The facts in a nutshell are that the respondent herein was working as a Conductor with the petitioner- Corporation. In connection with an alleged irregularity committed by the respondent on 07.06.1994, he was charge-sheeted and ultimately, the penalty of stoppage of three increments with future effect was imposed vide order dated 23.01.1996. Appeals preferred against the said order were rejected by the first and second appellate authorities of the petitioner-Corporation. Being aggrieved by the same, the respondent raised a dispute, which culminated into a reference. After hearing both the sides, the Tribunal partly allowed the reference, by way of the impugned award. Hence, this petition.
3. Heard learned counsel for the respective parties. It appears from the record that the respondent-workman had committed 36 defaults in the past. Being a public servant, it was expected from the respondent that he discharges his duties honestly, diligently and in accordance with the relevant service rules. Therefore, the Tribunal ought not to have set aside the penalty imposed by the competent authority vide order dated 23.01.1996. Considering the past defaults, the penalty imposed by the competent authority was just, legal and appropriate.
4. For the foregoing reasons, the petition is allowed. The impugned judgment and award is modified to the extent that the original order of punishment dated 23.01.1996 by which the respondent was imposed the penalty of stoppage of three increments with future effect is restored. The effect of this order to be given within a period of six months from the date of receipt of writ. The impugned award stands modified accordingly. The petition stands disposed of. Rule is made absolute with no order as to costs.
(K.S.JHAVERI, J.) PRAVIN