1. This petition is directed against the award dated 29.04.2005 passed by the Industrial Tribunal, Surat in Reference (IT) No. 26/2003 whereby the Tribunal rejected the reference filed by the petitioner workman.
2. It is the case of the petitioner that he was serving as Conductor with the respondent corporation. On 02.05.2001, while on duty, he was alleged of having misappropriated some amount by tampering with the tickets. Accordingly departmental inquiry was initiated and he was order of dismissal was passed on completion of the inquiry. The petitioner being aggrieved by the said punishment preferred departmental first appeal. The appellate authority partly allowed the appeal and directed reinstatement without backwages and imposed punishment of lower pay scale of conductor category. The petitioner thereafter preferred second appeal which was rejected. Being dissatisfied, the petitioner preferred the aforesaid reference. After hearing both the sides, the Tribunal passed the impugned award rejecting the reference.
3. Mr. Rathod, learned advocate appearing for the petitioner contended that the Labour Court erred in not appreciating the provisions of the law. He submitted that the labour court failed to appreciate the fact that the Tribunal has not considered the gravity of offence and infact ought to have exercised powers conferred upon it under Section 11A of the Act.
4. Ms. Mandavia, learned advocate appearing for the respondent corporation has supported the award and submitted that considering the fact that the misconduct is proved the Tribunal is justified in imposing some punishment on the petitioner which even otherwise is on lower side.
5. Heard learned counsel for the parties. I have gone through the award of the Tribunal and the evidence available on record. The charge against the petitioner has been proved and therefore the punishment imposed upon the petitioner is reducing the petitioner to the lowest pay scale of the conductor. The Tribunal is just and proper in rejecting the reference. The negligence and misconduct is of prime importance which should not be repeated henceforth. The punishment imposed is to have a deterrent effect on the petitioner and similar situated employees. Therefore, this Court thinks it fit to confirm the order of the Tribunal.
6. In the premises aforesaid, the petition is dismissed. Rule is discharged. Interim relief if any stands vacated.
(K.S.JHAVERI, J.) divya