1. This petition has been filed against the judgment and award passed by the Industrial Tribunal, Ahmedabad in Reference (IT) No.197/1999 dated 24.05.2007 whereby, the reference was allowed and the order imposing penalty on the respondent-workman dated 31.07.1996 has been quashed and set aside and the petitioner-Corporation has been directed to grant monetary benefits arising out of the award therefor along with cost of Rs.1,000/-.
2. The facts in brief are that the respondent herein is serving as a Conductor with the petitioner-Corporation. While he was on duty on 02.11.1994, the bus was checked by the checking squad of the petitioner- Corporation and it was found that the respondent had committed certain alleged irregularities in the issuance of tickets. Therefore, charge-sheet was issued and ultimately, the penalty of stoppage of six increments with future effect was imposed on the respondent, vide order dated 31.07.1996. Against the said order, the respondent had preferred first Appeal, which came to be rejected vide order dated 28.11.1996. Being aggrieved by the above action of the petitioner, the respondent raised a dispute, which culminated into a reference before the Tribunal. After hearing both the sides, the Tribunal allowed the reference, by way of the impugned award. Hence, this petition.
3. Heard learned counsel for both the sides. The Industrial Tribunal has not believed the findings recorded in the departmental enquiry proceedings initiated against the respondent. However, while setting aside the order of penalty, it appears that the Tribunal has completely lost sight of the fact that the respondent had committed as many as 71 defaults in the past. Considering the defaults committed by the respondent, in my opinion, the Tribunal ought to have imposed some penalty while setting aside the original order of punishment. If the penalty of stoppage of six increments with future effect is imposed on the respondent, the same would meet with the ends of justice considering his past defaults.
4. In view of the above, the petition is partly allowed. The impugned award is modified to the extent that the respondent-workman is imposed the penalty of stoppage of six increments with future effect. The impugned award stands modified accordingly. The effect of this order shall be given within a period of six months. 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/*