By way of this petition, the petitioner has challenged the judgement and award dated 29.10.2003 passed by Industrial Tribunal, Vadodara, whereby the Tribunal has substituted penalty of stoppage of five increments to stoppage of two increments with future effect. 2. The facts of the case are that the respondent was working as conductor with the petitioner Corporation since many years. He had committed financial irregularities which resulted in financial loss to the Corporation. Chargesheet was issued to the workman. After holding Departmental Inquiry, as the charge was proved, punishment of stoppage of five increments with future effect was imposed upon the workman by order dated 29.6.1996. The respondent preferred appeal against the said order which was dismissed.
3. The respondent had preferred Reference (IT) No. 77 of 1998 before the Industrial Tribunal, Vadodara. After considering the material on record and hearing both parties, the Tribunal partly allowed the Reference by judgement and award dated 29.10.2003 and reduced the penalty as aforesaid.
4. I have heard learned counsel for the parties. Learned counsel for the petitioner contended that there are 35 defaults committed by the workman. Earlier also the workman was dismissed from service twice but later on he was reinstated pursuant to the order of the Labour Court. He therefore contended that the penalty imposed by the authority is just and proper and the Tribunal has committed error in reducing the penalty to two increments with future effect. Therefore, the order of the Tribunal is required to be quashed and set aside.
5. Learned counsel for the respondent workman has contended that on the date of Reference there were only 22 defaults committed by the workman. Keeping in mind the defaults committed by the workman, the Tribunal has not committed error in reducing penalty of stoppage of two increments with future effect.
6. Considering the evidence on record and keeping in view the defaults committed by the workman, I am of the opinion that end of justice will meet if the penalty of stoppage of five increments imposed by the authority is substituted to stoppage of four increments with future effect.
7. Accordingly, penalty of stoppage of five increments imposed upon the workman by the authority is reduced to stoppage of four increments with future effect. The judgement and award of the Tribunal dated 29.10.2003 is modified to the said extent.
8. With the above observation, the petition is allowed. Rule is made absolute accordingly. The effect of the order will be given within six months from today.
(K.S.JHAVERI, J.) (pkn)