1. This petition has been preferred against the award passed by the Industrial Tribunal, Nadiad in Reference (ITN) No.178/2001 dated 13.02.2006 whereby, the reference was partly allowed and the penalty of stoppage of seven increments with future effect imposed upon the respondent-workman by the petitioner-Corporation was substituted with the penalty of stoppage of two increments with future effect.
2. The facts in brief are that the respondent herein was serving as Driver with the petitioner-Corporation. While the respondent was on duty on 28.05.1995 and was driving the Bus belonging to the petitioner- Corporation, it met with an accident. In the said accident, a minor girl lost his life. In connection with the said incident, departmental enquiry was initiated against the respondent and ultimately, vide order dated 03.04.1996, the penalty of stoppage of seven increments with future effect was imposed upon the respondent. Against the said order, the respondent raised a dispute, which culminated into a reference before the Tribunal. After hearing both the sides, the reference was partly allowed, by way of the impugned award. Hence, this petition.
3. Heard learned counsel for both the sides. After appreciating the evidence on record, the Tribunal recorded a finding that the respondent had made all efforts to avoid the accident. However, the minor girl lost her life on account of dashing with the Bus on its rear end. Considering the past of the respondent and the manner in which the accident took place, I am of the view that the penalty of stoppage of seven increments with future effect substituted by the Tribunal is just and appropriate. I am in complete agreement with the reasonings given by the Tribunal in its award and hence, find no reasons to disturb the same.
4. For the foregoing reasons, the petition is dismissed. Rule is discharged.
(K.S.JHAVERI, J.) Pravin/*