1. This petition has been filed against the judgment and award passed by the Industrial Tribunal, Surat in Reference (IT) No.34/2002 dated 15.02.2006 whereby, the reference was partly allowed and the penalty imposed upon the respondent-workman of stoppage of three increments with future effect was confirmed and the penalty of stoppage of four increments with future effect was set aside.
2. The facts in brief are that the respondent herein was serving as Driver with the petitioner-Corporation. While on duty on 09.10.1996, the ST bus driven by the respondent met with an accident. In connection with the said incident, a charge-sheet was issued and ultimately, departmental enquiry was ordered to be initiated against the respondent. At the end of proceedings, the penalty of stoppage of three increments with future effect was imposed upon the respondent. Being aggrieved by the said action, the respondent raised a dispute, which ultimately culminated into a reference. After hearing both the sides, the Industrial Tribunal partly allowed the reference, by way of the impugned award. Hence, this petition.
3. Heard learned counsel for both the sides. After appreciating the evidence on record, the Tribunal has recorded a finding that the accident occurred on account of the negligence of the scooterist inasmuch as the scooterist had attempted to over-take the ST bus from the wrong-side and that to when the roads were wet on account of the rainy season. The Tribunal, accordingly, did not believe the findings recorded by the Enquiry Officer in the departmental proceedings. However, in an earlier proceeding, the first appellate authority of the petitioner-Corporation had reduced the penalty imposed by the disciplinary authority and had imposed the penalty of stoppage of four increments with future effect.
4. Considering the past defaults of the respondent- workman and the fact that the findings recorded by the Enquiry Officer were perverse, the Tribunal set aside the penalty of stoppage of four increments with future effect and confirmed the penalty of stoppage of three increments with future effect without granting any monetary benefits since the reference was preferred after a period of almost twelve years. In my opinion, the view taken by the Tribunal is just, legal and appropriate and I find no reasons to disturb the same.
5. For the foregoing reasons, the petition is dismissed. Rule is discharged. Interim relief stands vacated.
(K.S.JHAVERI, J.) PRAVIN