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SCA/10972/1993 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10972 of 1993
HONOURABLE
MR.JUSTICE KS JHAVERI
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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 ?
======================================
GUJART
STATE ROAD TRANSPOORT CORPORTION - Petitioner(s)
Versus
SITARAM
D RAJPUT - Respondent(s)
======================================
Appearance :
MR
SK BUKHARI for Petitioner(s) : 1,
RULE SERVED for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 21/07/2010
ORAL
JUDGMENT
1. The
petitioner has challenged the judgement and award dated 30th
April 1993 passed by the Industrial Tribunal, Ahmedabad in Reference
(IT) No.208 of 1989 whereby the punishment of withholding of two
annual increments with cumulative effect was converted into
non-cumulative effect.
2. Though
served, none appears for the respondent. Since this is very old
matter, the same is taken up for hearing today.
3. The
respondent workman was serving as Driver in Ahmedabad Division of the
petitioner Corporation. A chargesheet was issued to the respondent
alleging that while on duty one pedestrian was knocked down and later
on he succumbed to the injuries. After conducting departmental
inquiry a punishment was imposed upon the respondent withholding of
annual increments for a period of three years with future cumulative
effect. The respondent filed an appeal before the appellate
authority who reduced the punishment to withholding of annual
increment for a period of two years with cumulative effect. Against
the said order Reference (IT) No.208 of 1989 came to be instituted
wherein the Tribunal reduced the punishment to withholding of two
increments with non-cumulative effect.
4. Heard
the learned Advocate for the petitioner and perused the documents on
record. During the service of 31 years there were only two lapses
on the part of the respondent. The Tribunal had taken into consider
all the aspects of the matter and reached to a conclusion that
withholding increments with future effect is harsh. I am also of the
view that the looking to the negligence the punishment imposed by the
Tribunal is just and proper. In any case keeping in mind the lapse of
17 years it would not be appropriate to disturb the findings of the
Industrial Tribunal at this stage. Hence this petition is dismissed.
Rule is discharged with no order as to costs.
[K.S.
JHAVERI, J.]
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