The petitioner, by way of this petition, challenges the impugned judgement and award dated 21.5.2004 passed by the Industrial Tribunal, Rajkot, in Reference (IT) No. 14 of 1994 whereby the Tribunal allowed the Reference filed by the respondent and quashed and set aside the order of punishment of stoppage of one increment with future effect. The Tribunal substituted the order of the authority with punishment of stoppage of one increment without future effect. 2. The facts of the case are that the respondent was working as Conductor. It is the case of the petitioner that the workman, while he was on duty, did not issue tickets to the passengers who were travelling in the bus. Therefore, the petitioner imposed punishment of stoppage of one increment with future effect on the respondent.
3. The respondent filed Labour Reference before the Tribunal stating that the order of punishment of stoppage of one increment with future effect is illegal and the same is required to be quashed and set aside.
4. The petitioner resisted the Reference filed by the respondent and denied the contents therein. The workman had not properly punched the tickets and he reissued the tickets. He did not close the bill. In the Departmental inquiry, an opportunity of hearing was given to the workman. Thereafter, the punishment order was passed and hence no interference with the punishment is called for. The Reference may be rejected.
5. The Tribunal, after considering the submissions of both the sides, passed the order as aforesaid. Hence the present petition.
6. Learned counsel for the petitioner has contended that while exercising the power the Tribunal has committed error in substituting the punishment imposed by the authority with stoppage of one increment without future effect. She has further stated that in spite of 29 defaults committed by the workman in the past, the punishment is modified by the Tribunal. Therefore, the order of the Tribunal is required to be quashed and set aside.
7. I have heard learned counsel for the parties. I have also perused the records. Looking to the evidence on record, the Tribunal has committed error in converting the punishment of stoppage of one increment with future effect to penalty stoppage of one increment without future effect. It ought not to have interfered with the punishment imposed by the authority. In my view, the ends of justice will meet if the original punishment imposed by the authority is restored. In that view of the matter, the order of the Tribunal is set aside and punishment of stoppage of one increment with future effect imposed by the authority is upheld.
8. In the result, the petition is allowed. Rule is made absolute. No order as to costs.
9. The order will be implemented within one month from today.
(K.S.JHAVERI, J.) (pkn)