1. This petition has been preferred against the judgment and award passed by the Industrial Tribunal, Ahmedabad in Reference (IT) No.471/1999 dated 27.06.2006 whereby, the reference was partly allowed and the punishment was substituted with stoppage of two increments without future effect.
2. The facts in brief are that the respondent herein was serving as Driver with the petitioner-Corporation. While he was on duty on 14.10.1990, the bus was checked by the checking squad of the petitioner- Corporation and it was found that an unauthorized person, who happened to be a relative of the respondent, was driving the bus. Therefore, charge- sheet was issued against the respondent and after following due procedure, the penalty of placing the respondent below seven stages from his basic pay was imposed upon the respondent, vide order dated 31.07.1991. Against the said order, the respondent herein filed first appeal before the appellate authority, who reduced the punishment from seven stages to four stages, vide order dated 03.03.1992. Thereafter, the respondent raised an industrial dispute, which culminated into a reference before the Industrial Tribunal being Reference (IT) No.471/1999. The Industrial Tribunal partly allowed the reference by substituting the punishment with stoppage of two increments without future effect, by impugned award dated 27.06.2006. Being aggrieved by the said award, the petitioner-Corporation has preferred the present petition.
3. Heard learned counsel for the petitioner. Though served, none appears on behalf of the respondent. It appears from the record that the respondent-workman had committed eight defaults in the past. The default in question committed by the respondent is very serious in nature. Unlike other defaults, the default of letting some other person driver the bus could endanger the life of all the passengers travelling in the bus and also other commuters travelling on the road. Considering the facts of the case, I am of the view that the penalty substituted by the Tribunal while exercising powers u/s.11-A of the I.D. Act is on the lower side. Looking to the past defaults, interest of justice would be met, if the penalty of stoppage of one increment with future effect is imposed upon the respondent.
4. In view of the above, the petition is partly allowed. The impugned award passed by the Industrial Tribunal is modified to the extent that the penalty imposed upon the respondent is substituted with the penalty of stoppage of One Increment with future effect. The impugned award stands modified to the above extent. Rule is made absolute to the above extent with no order as to costs.
(K.S.JHAVERI, J.) Pravin/*