SCA/4232/2008 3/ 3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4232 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 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 TRANSPORT CORPORATION - Petitioner(s) Versus S M SOLANKI - Respondent(s) ========================================================= Appearance : MS AVANI S MEHTA for Petitioner(s) : 1, MR JS BRAHMBHATT for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 25/08/2010 ORAL JUDGMENT
By
way of this petition, the petitioner has inter alia prayed to quash
and set aside the judgment and award dated 30th March
2007 passed by the Industrial Tribunal, Vadodara in Reference (IT)
No.8 of 2001, whereby the Tribunal substituted the punishment
imposed by the Reviewing Authority with the punishment imposed of by
Disciplinary Authority.
The
facts in brief are that the respondent-Conductor was chargesheeted
for disciplinary proceedings in relation to an incident that had
occurred on 31st August 1992 where the respondent was
allegedly found to have committed certain irregularities while
issuing tickets. Ultimately, the disciplinary authority imposed the
punishment of stoppage of three increments with permanent effect,
which ultimately came to be increased to putting him to his
original pay scale by the Reviewing Authority.
Against
the said order of dismissal, the respondent raised a dispute, which
was referred to the Industrial Tribunal, Vadodara. The Tribunal,
after hearing both the sides, allowed the reference partly by way of
the impugned award. Hence, this petition.
Heard
learned counsel for the respective parties and perused the documents
on record. The respondent was found guilty of serious irregularity /
misconduct on different occasions in the past. Of these defaults,
many defaults related to incidents of similar nature. In spite of
being found guilty of similar defaults in the past, the respondent
did not improve his behaviour and continued to commit such
misconduct, which is highly unbecoming of a public servant.
Looking
to the facts of the case and the past record of the respondent, I am
of the opinion that the Labour Court has rightly substituted the
order of punishment imposed by the Reviewing Authority and confirmed
the order passed by the Disciplinary Authority in exercising of
powers under Section 11(A) of the Act. In
view of aforesaid, the view taken by the Tribunal is just and
proper. The Tribunal has assigned cogent and convincing reasons for
arriving at the conclusion. I do not find any illegality much less
any perversity in the findings recorded by the Tribunal. No case is
made out to interfere with the findings recorded by the Tribunal.
Hence, present petition deserves to be dismissed.
For
the foregoing reasons, present petition fails and is, accordingly,
dismissed. The impugned judgment and award to be implemented
within a period of seven months from today. Rule is
discharged with no order as to costs. Interim relief, if any, stands
vacated.
(K.S.
Jhaveri, J)
Aakar