1. This petition is directed against the award dated 29.08.2006 passed by the Labour Court, Ahmedabad in reference (LCIDAT)No. 24/2006 (Old Reference No. LCA 2060 of 2000) whereby the Labour Court has directed the petitioner to reinstate the respondent with continuity of service without backwages. The Labour Court has also imposed a penalty of stoppage of five increments with future effect.
2. The brief facts of the case are that the respondent was working with the petitioner corporation as a conductor. On 21.06.1996, the respondent was found to have misappropriated some amount by way of tampering with the tickets. The respondent was therefore issued with a charge- sheet and a departmental inquiry was initiated against him. He was thereafter dismissed from service, at the conclusion of inquiry, after the charge levelled against him was proved. Being aggrieved by the said dismissal, the respondent raised an industrial dispute which was referred to the Labour Court for adjudication. The Labour Court after hearing the parties passed the aforesaid award.
3. Mr. Rawal, learned counsel for the petitioner has contended that the Labour Court has not considered the fact that the petitioner corporation has incurred huge financial loss due to the misconduct of the respondent workman. He submitted that the respondent was punished for 24 times in the past.
4. Heard learned counsel for the parties. I have gone through the award of the Labour Court and the evidence available on record. From the award it appears that the Labour Court has gone through the evidence in detail and has passed the award while exercising powers under Section 11A of the Act. I am in complete agreement with the reasonings adopted and findings arrived at by the Labour Court. The Labour Court has observed that the findings arrived at by the inquiry officer are not in accordance with the evidence on record.
4.1 The Labour Court has reinstated the respondent workman without any backwages and instead imposed punishment of stoppage of five increments with future effect for having a deterrent effect which is just and proper. The punishment of dismissal is on the higher side considering the gravity of offence and therefore, I am not inclined to exercise powers under Section 226/227 of the Act.
5. In the premises aforesaid, the petition is dismissed. The award of the Labour Court is confirmed. The award of the Labour Court and the order of this Court shall be complied within a period of six months from the date of receipt of the writ of the order of this Court. Rule is discharged. Interim relief if any stands vacated.
(K.S.JHAVERI, J.) divya