1. This petition has been preferred against the judgment and award passed by the Industrial Tribunal, Bharuch in Reference (IT) No. 22/2004 dated 12.12.2006 whereby, the reference was partly allowed and the penalty of stoppage of four increments with future effect imposed upon the respondent-workman by the petitioner-Corporation was substituted with the penalty of stoppage of one increment with future effect and the effect of the award was ordered to be given within a period of three months from the date of receipt of the award.
2. The facts in brief are that the respondent-workman was serving as Driver with the petitioner-Corporation. While on duty on 06.11.1994, the bus met with an accident, in which a scooterist expired. Therefore, departmental enquiry was initiated against the respondent and ultimately, the penalty of stoppage of one increment with future effect was imposed upon the respondent. Against the said order, the respondent preferred appeal before the first appellate authority. However, the first appellate authority reviewed the order of penalty and by order dated 23.09.1999 imposed the penalty of stoppage of four increments with future effect.
3. Being aggrieved by the order of penalty, the respondent raised a dispute, which culminated into a reference before the Industrial Tribunal. After hearing both the sides, the Tribunal partly allowed the reference by restoring the original order of penalty. Hence, this petition.
4. Heard learned counsel for both the sides. After appreciating the evidence on record, the Tribunal has recorded a finding that the accident in question could have been averted, had the respondent been careful while over-taking another vehicle at the relevant point of time. Considering the fact that the respondent had committed eleven (11) defaults in the past and looking to the manner in which the accident occurred, ends of justice would be met, if the penalty imposed by the Tribunal is substituted by imposing the penalty of stoppage of Two increments with future effect.
5. 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 of stoppage of one increment with future effect imposed by the Tribunal is substituted with the penalty of stoppage of Two increments with future effect. The impugned award stands modified accordingly. The effect of this order shall be given within a period of six months from today. The petition stands disposed of accordingly. Rule is made absolute to the above extent.
(K.S.JHAVERI, J.) Pravin/*