1. This petition has been filed against the judgment and award passed by the Industrial Tribunal, Rajkot in Reference (IT) No.173/1997 dated 26.08.2005 whereby, the reference was partly allowed and the penalty imposed by the petitioner-Corporation on the respondent-workman was substituted with the penalty of stoppage of two increments without future effect along with 75% back wages.
2. The facts in brief are that the respondent herein was working as Driver with the petitioner-Corporation. While on duty, the Bus met with an accident with a Truck in which a cyclist expired. Therefore, charge- sheet was issued and ultimately, vide order dated 20.10.1993, a penalty of stoppage of three increments with future effect was upon him. Against the said order, the respondent had preferred two Appeals before the first and second appellate authorities of the petitioner- Corporation. However, both the Appeals were rejected. Being aggrieved by the said action, the respondent raised a dispute, which culminated into a reference before the Tribunal. After hearing both the sides, the Tribunal partly allowed the reference as aforesaid. Hence, this petition.
3. Heard learned counsel for the petitioner. Though served, none appears on behalf of the respondent. It appears from the record that the respondent-workman was acquitted by the competent criminal Court in the proceedings arising out of the vehicular accident involving the respondent. There was nothing on record to prove that the accident occurred on account of the negligence of the respondent. The findings recorded by the Enquiry Officer were based on assumptions and presumptions and not on cogent evidence.
4. Under such circumstances, the disciplinary authority of the petitioner-Corporation ought not to have imposed the penalty of stoppage of three increments with future effect upon the respondent. Since the penalty imposed by the petitioner- Corporation was found to be harsh, the Tribunal substituted it by imposing the penalty of stoppage of two increments without future effect, which, in my opinion, is just, legal and appropriate. I am in complete agreement with the reasonings given by and the findings arrived at by the Tribunal in its award and hence, find no reasons to disturb the same.
5. For the foregoing reasons, the petition is dismissed. Rule is discharged. Interim relief stands vacated.
(K.S.JHAVERI, J.) Pravin/*