IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 27578 of 2007 ================================================================ GUJARAT STATE ROAD TRANSPORT CORPORATION....Petitioner(s) Versus NOORMOHMAD OSMAN....Respondent(s) ================================================================ Appearance:
MR HS MUNSHAW, ADVOCATE for the Petitioner(s) No. 1 MR ASIT M MEHTA, ADVOCATE for the Respondent(s) No. 1 ================================================================ CORAM:
HONOURABLE MR.JUSTICE KS JHAVERI Date : 12/12/2012 ORAL JUDGEMENT 1.0 This petition is directed against the judgement and award dated 30.08.2004 passed by the Industrial Tribunal No.1, Gujarat-Rajkot in Reference (I.T.) No. 18 of 1998 whereby the reference came to be partly allowed by quashing and setting aside the penal order dated 17.05.1996 as well as order dated 27.03.1996 and amended by way of imposing one year increment without future effect for the period from 20.12.1995 to 13.02.1996 and amended the penal order dated 27.03.1996 for remaining absence for the period from 15.07.1995 to 05.08.1995 by way of imposing penalty of three yearly increment without future effect.
2.0 The respondent who was serving as a Driver with the petitioner-Corporation remained unauthorized absent from 15.07.1995 to 05.08.1995. Therefore, prepaid report and chagesheet was issued to the respondent and departmental inquiry was initiated. At the end of departmental inquiry, penalty of stoppage of three yearly increment with permanent effect was imposed. The respondent, therefore, filed first departmental appeal which came to be rejected.
2.1 The respondent again remained unauthorized absent for the period of two months i.e. from 20.12.1995 to 13.02.1996 without any intimation to the higher authority. Therefore prepaid report and chagesheet was issued to the respondent and departmental inquiry was initiated. At the end of departmental inquiry, penalty of stoppage of yearly increment for one with permanent effect was imposed. The respondent, therefore, filed first departmental appeal which came to be rejected.
2.3 The respondent, therefore, raised dispute which was numbered as Reference (I.T.) No. 18 of 1998. 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 13 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 11-A 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 two increments with future effect would meet the ends of justice.
4.0 Accordingly, a punishment of stoppage of two 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 imposition of penalty shall be imposed by the petitioner within a period of six months from today.
(K.S.JHAVERI, J.) niru* Page 4 of 4