By way of this petition, the petitioner has challenged the judgement and award passed by the Labour Court in Reference No. 270 of 2003 on 4.9.2004 whereby the Labour Court partly allowed the Reference and directed the petitioner to reinstate the respondent in service without back wages and with punishment of stoppage of two annual increments with permanent effect. 2. The facts of the case are that the respondent was working as Conductor. On 8.5.2001 when the respondent was on duty in the bus going from Surat to Ankola, a check was conducted by the checking squad and certain irregularities committed by the respondent were noticed. When the checking squad tried to collect the tickets from the passengers, he interfered with the same and the administration was disturbed. Thus, he misbehaved with the checking squad.
3. The petitioner issued chargesheet to the respondent for the misconduct. After holding departmental enquiry, the competent authority came to the conclusion that the respondent has committed serious misconduct during the course of employment and dismissed him from service.
4. The respondent raised industrial dispute by filing Reference No. 270 of 2003. The Labour Court, after hearing both the sides, passed the order as aforesaid. Hence the petitioner is before this Court.
5. The learned counsel for the petitioner has contended that the Labour Court has committed an error in exercising power under Section 11A of the Industrial Disputes Act considering the serious misconduct of the respondent. Therefore, the order of the Labour Court is required to be quashed and set aside.
6. I have heard learned counsel for the petitioner. Keeping in mind the power exercised by the Labour Court under Section 11A of the Act, the finding given by the Labour Court is just and proper. I am in complete agreement with the view taken by the Labour Court. No interference is called for with the same. The petition is devoid of any merit and is dismissed.
(K.S.JHAVERI, J.) (pkn)