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SCA/2441/2004 1/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2441 of 2004
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ? Yes
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
GUJARAT
STATE ROAD TRANSOPORT CORPORATION - Petitioner(s)
Versus
NARENDRASINH
S SHEKHAVAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Petitioner(s) : 1,
MR GK RATHOD for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 28/07/2010
ORAL
JUDGMENT
1.0 This
petition is directed against the judgement and award dated 18.09.2003
passed by Labour Court, Ahmedabad in Reference (LCA) No. 1162 of
1999 whereby the petitioner Corporation was directed to reinstate the
respondent without back wages and imposing a penalty of stoppage of
two increments with future effect.
2.0 The
respondent was serving as Conductor with petitioner Corporation. On
28.10.1994, it was found that he has committed irregularity of
collecting fare without issuing tickets. Departmental inquiry was
initiated against him which resulted in the dismissal of the services
of the respondent. Against the dismissal order, the respondent
therefore raised a dispute by way of Reference (L.C.A) No. 1162 of
1999 wherein the Labour Court, Ahmedabad has passed the award as
stated hereinabove which is challenged in the present petition.
3.0 Heard
learned advocates appearing for the respective parties and perused
the documents on record. As a result of this exercise, the Labour
Court has found that the allegation against the petitioner regarding
misbehaviour and dishonesty was not proved. The statements of the
passengers regarding the misappropriation of Rs. 23/- were not taken.
In my opinion, the Labour Court was fully justified in granting
reinstatement to the respondent without backwages and imposing
penalty of stoppage of two increments with future effect. This
penalty is sufficient for the misconduct of the respondent and it
does not require any enhancement.
4.0 In
the premises aforesaid, I do not find any merits in the petition. The
same is therefore dismissed. Rule is discharged with no order as to
costs.
5.0 The
judgement and award of the Labour Court shall be implemented within
four months from today.
(K.S.JHAVERI,
J.)
niru*
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