1. This petition has been filed against the judgment and award passed by the Labour Court, Surat in Reference (LCS) No.374/1999 dated 19.02.2005 whereby, the said reference was partly allowed and the petitioner-Corporation was directed to reinstate the respondent-workman on his original post without any back wages but with the penalty of putting him three stages below his present salary as a Conductor.
2. The facts in a nutshell are that the respondent herein was working as a Conductor with the petitioner- Corporation. In connection with an alleged irregularity committed by the respondent on 05.09.1996, he was charge-sheeted and ultimately, the penalty of putting him three stages below his present salary as a Conductor. However, the said punishment was reviewed and by order dated 21.11.1998 the respondent was dismissed from service. Being aggrieved by the same, the respondent raised a dispute, which culminated into a reference. After hearing both the sides, the Tribunal partly allowed the reference, by way of the impugned award. Hence, this petition.
3. Heard learned counsel for the petitioner. Though served, none appears on behalf of the respondent.
4. It appears from the record that the respondent- workman had committed four defaults in the past. However, while granting reinstatement in service, no penalty was imposed upon the respondent. Considering the facts of the case and the past defaults, in my view, if the penalty of stoppage of one increment without future effect is imposed upon the respondent, the same would meet with the ends of justice.
5. In view of the above, the petition is partly allowed. The impugned judgment and award is modified to the extent that the respondent-workman shall be reinstated in service on his original post without any back wages but, shall be imposed the penalty of stoppage of ONE increment WITHOUT future effect. The impugned award stands modified accordingly. The effect of this order shall be given 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.) PRAVIN