1.0 Both these petitions arose from the judgement and award dated 31.03.2006 passed by the learned Presiding Officer, Labour Court, Rajkot in Reference ( LCR) No. 502 of 1998 whereby the order of dismissal was quashed and set aside.
2.0 Special Civil Application No. 3939 of 2007 has been preferred by the Gujarat State Road Transport Corporation ( hereinafter referred to as the “petitioner”) and Special Civil Application No. 2739 of 2007 has been preferred by Prabhatbhai Gautambhai Joshi (hereinafter referred to as the “respondent”).
3.0 Special Civil Application No. 2739 of 2007 has been preferred for grant of backwages.
4.0 The respondent was working with the petitioner Corporation as a Conductor. When he was on duty on LimbdiBhavnagar route on 13.10.1993 it was found by the checking squad that he had issued used tickets which were collected from three passengers. The other tickets were not properly punched and the way bill was also tempered with. The respondent was chargesheeted and departmental inquiry was initiated. At the end of departmental inquiry, the respondent was dismissed from service.
4.1 The respondent initially challenged the dismissal order dated 20.04.1995 before the District Court, Rajkot wherein stay was granted and by virtue of the stay order, the respondent was continued till 06.07.1996 against which Civil Appeal No. 104 of 1995 was preferred by the petitionerCorporation but the same was rejected by the District Court. The petitioner filed Civil Revision Application No. 847 of 1996 which was allowed by this Court by judgement dated 08.05.1996. At the time of hearing of Civil Revision Application, the interim relief was granted by this Court and therefore, the respondent was relieved from 06.07.1996.
4.2 The respondent, therefore raised a dispute which culminated into the aforesaid reference and the learned Tribunal passed the judgement and award as stated hereinabove.
5.0 Heard the learned Advocates for the respective parties and perused the relevant documents on record.
6.0 While admitting Special Civil Application No. 3939 of 2007 following order was passed on 12.02.2007.
“Heard the learned advocate.
RULE. There shall not be interim relief. The reinstatement of the workman in service pursuant to the impugned award shall be ad hoc and subject to the result of the petition. Such adhoc employment shall not create equity in favour of the workman.”
7.0 Pursuant to the aforesaid order, the respondent was reinstated.
8.0 Having heard the parties, it is found that there are as many as 7 defaults committed by the respondent. It appears that the learned Tribunal has not considered the past record of the respondent while exercising powers under Section 11A of the Industrial Disputes Act, 1947. In view of such past defaults, some punishment ought to have been imposed by the Tribunal in consonance with the gravity of the misconduct. Having considered the matter at length, I am of the view that imposition of penalty of stoppage of one increment with future effect would meet the ends of justice.
9.0 Accordingly, a punishment of stoppage of one increment with future effect shall be imposed upon the respondent. The judgement and award of the Tribunal is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.
10.0 The aforesaid award shall be implemented within a period of six months from today.
11.0 In view of the aforesaid order the petition being Special Civil Application No. 2739 of 2007 of the respondentemployee is required to be dismissed and same is dismissed accordingly. Rule is discharged with no order as to costs.
12.0 In view of disposal of main matter, Civil application would not survive and the same is disposed of accordingly. Rule is is discharged with no order as to costs.
(K.S.JHAVERI, J.) niru*