1.0 This petition is directed against the judgement and award dated 26.04.2006 passed by the Presiding Officer, Labour Court, Surat in Reference (LCS) No. 255 of 2002 whereby the Labour Court directed the petitioner to reinstate the respondent without back wages and with continuity of service and to withhold two yearly increments of the respondent with future effect.
2.0 The respondent was serving as a Conductor in the petitioner Corporation. While he was on duty on the route Pandharpur to Surat checking was done and it was found that he had not issued tickets to the passengers though he had collected fare from them. In pursuance of a report in this behalf, the respondent was chargesheeted. He was issued show cause notice and departmental proceedings were initiated. At the end of departmental inquiry, order of dismissal was passed on 23.03.2001. The respondent, therefore, raised dispute before the Labour Court, Surat which was numbered as Reference (L.C.S.) No. 255 of 2002. After adjudicating the matter, the Tribunal has passed the aforesaid award.
3.0 Heard the learned advocates for the respective parties and perused the relevant record. As a result of this exercise, it is found that there are as many as 16 defaults committed by the respondent. It appears that the Labour Court 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, the punishment imposed by the Tribunal is too lenient and not 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 three increments with future effect would meet the ends of justice.
4.0 Accordingly, a punishment of stoppage of three increments 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.
5.0 The order of reinstatement of the respondent without backwages and with continuity of service will be passed within a period of one month from today and consequential benefits considering stoppage of three increment with future effect will be paid within a period of six months from today.
(K.S.JHAVERI, J.) niru*