1. By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Industrial Tribunal, Bhavnagar in Reference (IT) No.22/1997 dated 24.02.2005, whereby, the Tribunal set aside the penalty orders dated 28.04.1993 and 29.08.1992 and directed the petitioner to grant all the consequential benefits to the respondent workman.
2. The facts in brief are that on 06.03.1992 while the respondent was discharging his duties as a Conductor, the bus was checked by the checking squad of the petitionerCorporation and it was allegedly found that the respondent had committed certain irregularities in the issuance of tickets. After following due procedure, the disciplinary authority of the petitioner Corporation imposed the penalty of stoppage of three increments with future effect. The first appeal preferred by the respondent, against the said order, enhanced the penalty order and imposed penalty of five increments with future effect. Against the said order, the respondent workman preferred second appeal before the Second Appellate Authority. Pending the said appeal, the respondent raised a dispute, which, ultimately, culminated into a Reference before the Industrial Tribunal. The Tribunal, after considering the evidence on record, allowed the reference, by passing the impugned award. Hence, this petition.
3. Heard learned counsel for the respective parties and perused the documents on record. The respondent was found guilty of serious irregularities / misconducts on different occasions in the past. He was also found guilty of similar misconduct in the past. Being an employee attached with a public utility sector, the respondent ought to have discharged his duties honestly and diligently. Looking to the facts of the case and the default card of the respondent, wherein, a total number of 17 defaults have been mentioned, the Tribunal ought to have imposed some penalty on the respondent while setting aside the penalty orders passed by the authority.
4. In my opinion, if the penalty of stoppage of three Increments with future effect is imposed on the respondent, the same would meet with the ends of justice. Orders accordingly. The impugned award stands modified accordingly. The respondent workman shall be granted all the consequential benefit within a period of six months from the date of receipt of writ of this order. This order to be implemented within a period of six months from today. The petition stands disposed of accordingly. Rule is made absolute to the above extent with no order as to costs.
(K.S.JHAVERI, J.) /phalguni/