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Shahadatkhan Akbarkhan Pathan vs Divisional Manager Gujarat State Road Transport Corpn

High Court Of Gujarat|06 December, 2012
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JUDGMENT / ORDER

1. This petition has been filed against the judgment and award passed by the Labour Court, Nadiad in Reference (LCN) No.143/2003 dated 18.08.2007 whereby, the reference was rejected.
2. The facts in brief are that the petitioner herein was serving as Conductor with the respondent-Corporation. It was alleged against the petitioner that he had committed some alleged irregularity in the issuance of tickets while on duty on 25.12.1998. Therefore, departmental enquiry was conducted and ultimately, vide order dated 20.07.2001, the punishment of dismissal from service was passed against the petitioner. Being aggrieved by the same, the petitioner raised a dispute, which culminated into a reference before the Labour Court. The said reference came to be rejected by impugned award dated 18.08.2007. Hence, thyis petition.
3. Heard learned counsel for the respective parties. In the departmental enquiry conducted against the petitioner, the charges levelled were proved beyond doubt. The petitioner was found guilty of re-issuing tickets of the earlier journey and had, thereby, misappropriate the funds of the respondent- Corporation. Considering the seriousness of the charge, the punishment of dismissal from service was imposed on the petitioner. In my opinion, the Tribunal has rightly not interfered with the punishment since the misconduct was grave in nature. I am in complete agreement with the reasonings given by the Labour Court in its award and hence, find no reasons to disturb the same.
4. For the foregoing reasons, the petition is dismissed. Rule is discharged.
(K.S.JHAVERI, J.) Pravin/*
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Title

Shahadatkhan Akbarkhan Pathan vs Divisional Manager Gujarat State Road Transport Corpn

Court

High Court Of Gujarat

JudgmentDate
06 December, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Bd Karia