1.0 This petition is directed against the judgement and award dated 04.03.2006 in Reference (LCB) No. 43 of 2002 whereby the reference of the petitioner came to be rejected.
2.0 The respondent was serving as a Conductor in the petitioner Corporation. While he was on duty he had not issued tickets to the passengers though he had collected money from them. Therefore, he was chargesheeted and departmental inquiry was initiated. At the end of departmental inquiry, order of dismissal was passed on 28.11.2001. The petitioner therefore raised a dispute which culminated into Reference (LCB) No.43/2002. The said reference came to be rejected against which the present petition has been filed.
3.0 Learned advocate appearing for the petitioner submitted that the petitioner has given pursis of Section 11(A) of the Industrial Disputes Act, 1947. He further submitted that the Labour Court considering the past default committed by the petitioner has not exercised power under Section 11(A) of the Industrial Disputes Act, 1947. He submitted that the dismissal order of the petitioner may be converted into discharge from the service.
4.0 Learned advocate appearing for the respondent submitted that in the past the petitioner committed default and he was dismissed from the service twice. She further submitted that penalty was imposed for seven times on the petitioner and there was also imposition of penalty of stoppage of fourteen increments.
5.0 Heard the learned advocates for the respective parties and perused the relevant record. It appears that the Tribunal has mainly based its decision on the past defaults committed by the petitioner. The petitioner has put in a long service. Looking to the overall facts and circumstances of the case, I am of the view that the punishment imposed by the respondent authority is not in consonance with the gravity of the offence committed by the petitioner. Keeping in mind long service rendered by the petitioner, I am of the view that interest of justice would be met by converting the order of dismissal into discharge from service.
6.0 Accordingly the order of dismissal passed by the competent authority, S.T. Bhuj is converted into order of discharge from the service. The petitioner will be paid retiral benefits as if he is discharged from service and such benefits will be paid within a period of six months from today. The judgement and award of the Labour Court is quashed and set aside. Rule is made absolute with no order as to costs.
(K.S.JHAVERI, J.) niru*