1. This petition has been filed against the judgment and award passed by the Industrial Tribunal, Rajkot in Reference (IT) No.107/1993 dated 31.05.2006 whereby, the reference was partly allowed and the penalty imposed by the competent authority of the petitioner- Corporation of stoppage of five increments with future effect vide order dated 23.06.1983 was confirmed.
2. The facts in brief are that the respondent herein was working as Conductor with the petitioner- Corporation. While on duty on 18.01.1982 the respondent was found to have allegedly committed certain irregularities in the issuance of tickets. Therefore, charge-sheet was issued and departmental enquiry was ordered to be initiated against the respondent. Ultimately, vide order dated 23.06.1983, the competent authority of the petitioner-Corporation imposed the penalty of stoppage of five increments with future effect. Thereafter, vide order dated 13.03.1984, the respondent was imposed another penalty of stoppage of three increments with future effect in connection with an incident of irregularity that was committed on 11.10.1983. The reviewing authority enhanced the punishment imposed by the competent authority in connection with the alleged incident of 18.01.1982 to stoppage of seven increments with future effect, vide order dated 30.01.1989.
3. Being aggrieved by the above orders, the respondent raised a dispute, which culminated into reference before the Tribunal. After hearing both the sides, the Tribunal partly allowed the reference by way of the impugned award. Hence, this petition.
4. Heard learned counsel for the petitioner. Though served, none appears on behalf of the respondent. In the enquiry proceedings, the charges levelled against the respondent were proved beyond doubt. Considering the past defaults, the competent authority imposed the punishment of stoppage of five increments with future effect. However, the reviewing authority enhanced the said punishment, which was rightly struck down by the Tribunal since the reviewing authority had no authority under the law to enhance the punishment imposed by the competent authority. Considering the facts of the case and the past record of the respondent, the penalty of stoppage of five increments with future effect imposed by the first authority of the petitioner- Corporation is just and appropriate and I find no reasons to disturb the same. I am in complete agreement with the reasonings given by the Tribunal in the award and hence, find no reasons to disturb it.
5. For the foregoing reasons, the petition is dismissed. Rule is discharged. Interim relief, if any, stands vacated.
(K.S.JHAVERI, J.) Pravin/*