By way of this petition, the petitioner has challenged the judgement and award of the Industrial Tribunal dated 2.12.2005 in Reference (IT) No. 257 of 2001 whereby the Tribunal has set aside the order dated 31.12.1999 imposing penalty of stoppage of four increments with permanent and the orders for recovery passed by the authority. 2. The facts of the case are that the respondent workman was working as driver with the petitioner Corporation. That on 18.1.1998 a fatal accident took place. Chargesheet was issued to the respondent workman. After holding Departmental Inquiry, penalty of stoppage of four increments with permanent effect was passed vide order dated 31.12.1999. The authority also passed orders for recovery of amounts from the respondent workman.
3. The respondent workman, therefore, filed Reference before the Industrial Tribunal. The Tribunal passed the order as aforesaid.
4. I have heard learned advocates for the parties. Learned counsel for the petitioner contended that considering the fatal accident caused by the respondent workman, the Tribunal has committed error in cancelling the penalty imposed by the authority.
5. Considering the evidence on record and that there are two defaults committed by the workman as also the fatal accident caused by him, I am of the opinion that the Tribunal committed error in cancelling the penalty of stoppage of four increments imposed by the authority. In my view, the ends of justice will meet if penalty of stoppage of one increment with future effect is imposed upon the respondent workman.
6. Accordingly, the judgement and award passed by the Tribunal on 2.12.2005 cancelling the penalty of stoppage of four increments is quashed and set aside and penalty of stoppage of one increment with future effect is imposed upon the respondent workman. The petition is allowed to the aforesaid extent. Rule is made absolute accordingly.
7. Effect of this order will be implemented within six months from today.
(K.S.JHAVERI, J.) (pkn)