1. By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Labour Court, Rajkot in Reference (LCR) No.377/1995 dated 20.04.2006, whereby, the reference was partly allowed and it was ordered to reinstate the respondent on his original post with continuity of service and without any back wages.
2. The facts in brief are that the respondent was charge sheeted for disciplinary proceedings in relation to an incident that had occurred on 07.11.1992 where the respondent was allegedly found to have committed certain irregularities in the issuance of tickets. Ultimately, the disciplinary authority imposed the punishment of dismissal from service, vide order dated 17.06.1993.
3. Against the said order, the respondent raised a dispute, which was referred to the Labour Court, Rajkot for adjudication. The Tribunal, after hearing both the sides, allowed the reference by way of the impugned award. Thereafter vide order dated 24.11.2006 in Misc. Application No. 43 of 2006, the impugned award was clarified in view of the fact that the respondent workman retired during the pendency of the Reference and was granted the retirement benefits. Hence, this petition.
4. Heard learned counsel for the respective parties and perused the documents on record. The respondent was found guilty of serious irregularity / misconduct on 8 different occasions in the past. Of these defaults, many defaults related to incidents of similar nature. In spite of being found guilty of similar defaults in the past, the respondent did not improve his behaviour and continued to commit such misconduct, which is highly unbecoming of a public servant.
5. Looking to the facts of the case and the past record of the respondent, I am of the opinion that if the penalty of stoppage of One Increment with future effect is imposed on the respondent, the same would meet with the ends of justice. Orders accordingly. The impugned award stands modified accordingly. This order to be implemented 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.) /phalguni/