1.0 This petition is directed against the judgement and award dated 31.03.2006 passed by the Industrial Tribunal, Bhavnagar in Reference (I.T.) No. 66 of 1999 whereby the order passed by the appellate authority of reducing of pay scale to five stages and not granting benefits from the date of dismissal to the date of reinstatement was quashed and set aside and directed to pay consequential benefits to the respondent workman.
2.0 The respondent was serving as a Conductor in the petitioner Corporation. While he was on duty on Savarkundla Daldi route, bus was checked by checking squad and irregularities were found while issuing the tickets. Therefore, he was chargesheeted and departmental inquiry was initiated. At the end of departmental inquiry, order of dismissal was passed on 30.09.1995.
2.1 The respondent filed first departmental appeal which came to be dismissed pursuant to which respondent workman filed second appeal before appellate authority whereby the appellate authority was pleased to reinstate the respondent workman on a sympathetic ground whereby the pay scale of the respondent workmen was reduced to five stages and without giving benefits from the date of dismissal to the date of reinstatement. The respondent, therefore, raised dispute which was numbered as Reference (I.T.) No. 66 of 1999. After adjudicating the matter, the Tribunal has passed the aforesaid award.
3.0 Heard the learned advocates for the respective parties and perused the relevant record. As a result of this exercise, it is found that there are as many as 16 defaults committed by the respondent. It appears that the Industrial Tribunal has not considered the past record of the respondent while exercising powers under Section 11A of the Industrial Disputes Act, 1947. In view of such past defaults, the order passed by the learned Tribunal is not in consonance with the gravity of the misconduct. Having considered the matter at length, I am of the view that imposition of penalty of stoppage of three increments with future effect would meet the ends of justice.
4.0 Accordingly, a punishment of stoppage of three increments with future effect shall be imposed upon the respondent. The judgement and award of the Tribunal is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.
5.0 The respondent will be given monetary benefits within a period of six months from today.
(K.S.JHAVERI, J.) niru*