By way of this petition, the petitioner has challenged the judgement and award of the Industrial Tribunal, Vadodara, passed in Reference (IT) No. 14 of 1999 on 20.11.2002 whereby the Tribunal has reduced the penalty of stoppage of three increments with future effect to stoppage of one increment without future effect. 2. The facts of the case are that the respondent workman was working as conductor. On 23.4.1996 when the checking squad carried out check, some irregularities committed by the workman were notice. He had not issued tickets to some passengers. Inquiry was initiated against the workman. Chargesheet was issued to him. After holding Departmental Inquiry, as the charged was proved, punishment of stoppage of three increments with permanent effect was imposed upon the respondent workman.
3. The respondent workman filed Reference before the Tribunal. The Tribunal passed the order as aforesaid.
4. Heard learned counsel for the parties. Learned counsel for the petitioner submitted that the respondent was working as conductor. He has misappropriated the amount of fare collected by him. Previous to this incident, there were 13 defaults committed by him. Therefore, he contended that the penalty imposed by the authority is required to be restored and the order of the Tribunal is required to be quashed and set aside.
5. Learned counsel for the respondent workman contended that the respondent workman has retired from service and the order of the Tribunal may be upheld.
6. Keeping in mind 13 defaults committed by the workman which are produced at Annexure-B to the petition, I am of the view that ends of justice will meet if penalty of stoppage of two increments with future effect is imposed upon the respondent workman.
7. Accordingly, the order of the Tribunal passed on 20.11.2002 passed in Reference (IT) No. 14 cancelling the penalty imposed by the authority is quashed and set aside. Penalty of stoppage of two increments with future effect is imposed upon the workman. The petition is allowed to the aforesaid extent. Rule made absolute with no order as to costs.
8. The effect of this order will be implemented within a period of six months from today.
(K.S.JHAVERI, J.) (pkn)