By way of this petition, the petitioner has challenged the judgement and award of the Industrial Tribunal, Vadodara, in Reference (IT) No. 156 of 1999 on 24.2.2003 whereby the Tribunal has partly allowed the Reference and quashed and set aside the penalty of putting the respondent workman down to five stages of the basic salary. 2. Learned counsel for the petitioner contended that the respondent was appointed as a Conductor. He remained absent without obtaining prior permission from the authority. The petitioner had given various intimation to the respondent workman. However, he did not resume his duty. Therefore, the petitioner initiated inquiry against the respondent workman. After inquiry, the petitioner imposed penalty of stoppage of five increments upon the workman.
3. Against the said order of punishment, the respondent workman filed Reference before the Industrial Tribunal at Vadodara.
4. The Industrial Tribunal by its judgement and award dated 24.2.2003 partly allowed the Reference and substituted the penalty of stoppage of five increments to stoppage of one increment without future effect. Hence the petitioner is before this Court.
5. I have heard learned counsel for the parties. Learned counsel for the petitioner has contended that the petitioner is in the habit of remaining absent from duty without taking prior permission. As such, there are 32 defaults committed by the workman. Therefore, he contended that the penalty of stoppage of five increments imposed by the authority is just and proper and the Tribunal has committed error in cancelling the penalty and imposing penalty of stoppage of one increment without future effect.
6. Learned counsel for the respondent workman has contended that the respondent workman has retired from service and the order of the Tribunal may be confirmed. He also submitted that a liberal view may be taken by this Court.
7. Considering the evidence on record and keeping in mind that the workman has committed 32 defaults, I am of the opinion that the Tribunal has taken a very liberal view. Accordingly, the order of Tribunal dated 24.2.2003 reducing the penalty to stoppage of one increment is quashed and set aside. The order imposing penalty of stoppage of five increments passed by the authority is confirmed.
8. In the result, the petition is allowed. Rule made absolute. No order as to costs.
9. The effect of the order will be implemented within six months from today.
(K.S.JHAVERI, J.) (pkn)