By way of this petition the petitioner has challenged the impugned judgement and award of the Tribunal dated 3.2.2006 passed in Reference (IT) No. 298 of 1988 whereby the Tribunal has confirmed the order of the authority. 2. Facts of the case are that the petitioner was working as conductor. On 9.2.1983, when the checking squad carried out checking, financial irregularities committed by the petitioner workman were noticed. He collected fare from the passengers without issuing tickets. Thus, he has misappropriated the amount. Chargesheet was issued to him. After holding Departmental Inquiry, punishment of withholding two increments was imposed upon the workman vide order dated 2.2.1988. Against the said order, the workman preferred Reference before the Tribunal which was rejected.
3. I have heard learned counsel for the parties. Learned counsel for the petitioner has contended that the Tribunal has rejected the Reference on the ground that the petitioner has failed to produce all the documents pertaining to Departmental Inquiry conducted by the respondent. He submitted that the documents were not available with the petitioner as the Reference was filed through Kamdar Union. Therefore, by rejecting the Referece by the Tribunal, the petitioner was deprived of his legitimate right. Hence the order of the Tribunal is required to be quashed and set aside.
4. Learned counsel for the respondent contended that while considering the evidence on record, the Tribunal has considered all the documents available on record. Misappropriation by the petitioner workman was proved by the authority. Defaults committed by the workman were also produced. In that view of the matter, he contended that the order of the Tribunal is not required to be interfered with by this Court.
5. Keeping in mind the misappropriation and the defaults committed by the workman, I am of the opinion that the Tribunal has not committed error in rejecting the Reference of the workman. The view taken by the Tribunal is just and proper which does not call for interference by this Court.
6. In the result, the petition is dismissed. The order of the Tribunal rejecting the Reference of the workman is just and proper and punishment of stoppage of two increments is rightly imposed by the authority. Rule is discharged. No order as to costs.
(K.S.JHAVERI, J.) (pkn)