1.0 This petition is directed against the judgement and award dated 10.08.2006 passed by the Industrial Tribunal, Ahmedabad in Reference (I.T.) No. 115 of 1999 whereby the order of punishment imposed by the petitioner Corporation in first appeal of stoppage of one increment for one year with future effect was quashed and set aside and directed the petitioner to pay the consequential benefits to the respondent.
2.0 The respondent was serving as a Conductor in the petitioner Corporation. After receiving complaint from a third person, the petitionerCorporation initiated proceedings against the respondent workman and it was found that a pass of one of the commuters was misused by the respondentworkman. On checking the way bill of the respondent workman, it was found that the said pass was used by the respondent in an irregular manner. It was also found that despite the fact that the passes were issued, no slips were filled by the pass holder. It was also found that the route taken by the pass holder was so improbable that the same would lead to only one logical conclusion i.e. the respondent workman was misusing the pass. The respondent was chargesheeted and departmental inquiry was initiated. At the end of departmental inquiry, order of imposition of penalty of stoppage of five increments with permanent effect was passed. The respondent filed first departmental appeal whereby the punishment imposed on the respondent was reduced from stoppage of five years increments with permanent effect to stoppage of one increment with permanent effect.
The respondent, therefore, raised dispute which was numbered as Reference (I.T.) No. 115 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 4 (four) defaults committed by the respondent. It appears that the learned 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 learned Tribunal ought to have imposed penalty 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 one increment without future effect would meet the ends of justice.
4.0 In the premises aforesaid, the judgement and award of the Tribunal is quashed and set aside. A punishment of stoppage of one increment without future effect shall be imposed upon the respondent from the date of the original punishment imposed by the petitioner. Rule is made absolute to the aforesaid extent with no order as to costs.
5.0 The aforesaid award shall be implemented within a period of six months from today.
(K.S.JHAVERI, J.) niru*