DIVISIONAL CONTROLLER Vs. STATE TRANSPORT EMPLOYEES UNION

JUDGEMENT

(1.) By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the judgment and award dated 16th October 2003 passed by the Industrial Tribunal, Vadodara in Reference (IT) No.154 of 1999, whereby the Reference of the petitioner came to be rejected.

(2.) The facts in brief are that the respondent was discharging his duty as a driver of the bus of the petitioner-Corporation and on account of an irregularity committed by him as he dashed the bus with a person while reversing the same near Seja Kuva Bus Stand, who ultimately died and, therefore, he was issued chargesheet. After following due procedure, the disciplinary authority of the petitioner-Corporation imposed punishment of stoppage of three increments with permanent effect. Against the said action, the respondent raised a dispute by way of Reference (IT) No.154 of 1999, which was partly allowed, by way of impugned judgment and award. Hence, present petition.

(3.) Heard learned counsel appearing for the respective parties and perused the documents on record. The respondent was found guilty of serious irregularities/ misconducts on different occasions in the past also. Being an employee, attached with a public utility sector, it was the duty of the respondent to take necessary care and caution while discharging his duties. Inspite of having committed such defaults in the past, the respondent had not exercised reasonable care and was found negligent, which is highly unbecoming of a Government employee.