By way of this petition, the petitioner has challenged the judgement and award of the Industrial Tribunal, Vadodara, passed in Reference (IT) No. 169 of 1999 on 21.4.2005 whereby the Tribunal has set aside the penalty order dated 18.9.1993 and reduced the penalty to stoppage of one yearly increment with future effect and directed the petitioner to pay 50% of the differential allowance to the respondent workman. 2. The facts of the case are that the respondent workman while working on 17.8.1989, misbehaved with the co- employee and had beaten him. Chargesheet was issued to the respondent workman. Departmental inquiry was initiated against the workman. The charges levelled against the respondent was proved in the Departmental Inquiry. Looking to the seriousness of the charges, the authority passed punishment order on 18.9.1993 for stoppage of three annual increments with future effect.
3. The respondent preferred appeal against the aforesaid order which was dismissed by the appellate authority.
4. Therefore, the respondent raised industrial dispute which culminated in Reference (IT) No. 169 of 1999. The Tribunal, after hearing both sides, passed order as aforesaid.
5. I have heard learned counsel for the parties. Learned counsel for the petitioner contended that previous to the incident, there were 15 defaults committed by the workman. It was alleged that the workman made an attempt to beat co-employee. Therefore, the order of the Tribunal is required to be set aside.
6. Keeping in mind 15 defaults committed by the workman previous to the incident and also evidence on record regarding conduct of the workman, I am of the view that ends of justice will meet if penalty of stoppage of three increments with future effect is imposed upon the workman. In that view of the matter, the award of the Tribunal dated 21.4.2005 is quashed and set aside and the order of the authority imposing penalty of stoppage of three increments with future effect is restored.
7. With the above observation, the petition is allowed. Rule made absolute accordingly. No order as to costs.
8. The effect of the order will be implemented within six months from today.
(K.S.JHAVERI, J.) (pkn)