1.0 This petition is directed against the judgement and award dated 05.11.2003 passed by learned Industrial Tribunal, Bhavnagar in Reference (I.T) No. 26 of 2000 whereby the Tribunal has set aside the penal order passed by the petitionerCorporation and directed the petitionerCorporation to pay all consequential benefits to the respondentworkman.
2.0 The respondent was serving with the petitioner Corporation as Conductor. Since the respondent was involved in serious misconduct of getting employment by submitting somebody’s employment form, he was issued chargesheet and departmental inquiry was initiated. During the departmental proceedings he was awarded punishment of stoppage of five increments with permanent effect from 17.10.1998. The Appellate Authority enhanced the punishment and imposed the punishment of stoppage of ten increments with permanent effect from May 1999. The respondent therefore preferred Reference (I.T) No.26/2000 before the Industrial Tribunal, Bhavnagar wherein the aforesaid order came to be passed.
3.0 Learned Advocate for the petitioner submitted that there were 20(twenty) default cases against the respondent. He submitted that while exercising power under section 11A of the Industrial Disputes Act, 1947 the learned Tribunal ought to have imposed punishment in consonance with the gravity of the misconduct.
4.0 Heard the learned advocates for the respective parties and perused the relevant record. As a result of this exercise, it is found that there are as many as 20 defaults committed by the respondent. It appears that the Tribunal has not considered the past record of the respondent while exercising powers under Section 11A of the Industrial Disputes Act, 1947. In view of such past defaults, the learned Tribunal ought to have imposed some penalty in consonance with the gravity of the misconduct. Having considered the matter at length, I am of the view that imposition of penalty of stoppage of four increments with future effect would meet the ends of justice.
5.0 Accordingly the impugned award of the Tribunal is quashed and set aside. A punishment of stoppage of four increments with future effect shall be imposed upon the respondent. The respondent shall be paid the monetary benefits of the order within three months from today. Rule is made absolute to the aforesaid extent with no order as to costs.
6.0 The aforesaid award shall be implemented within a period of six months from today.
(K.S.JHAVERI, J.) niru*