DIVISIONAL CONTROLLER Vs. KISHORBHAI ANANDBHAI MARU

JUDGEMENT

(1.) By way of this petition the petitioner has challenged the judgment and award passed by the Labour Court, Rajkot dated 25/10/2005 in Reference No.115 of 2002 whereby the Labour Court has granted reinstatement with continuity of service without back wages of interim period.

(2.) The facts of the case are that respondent was working as conductor with the Corporation and he was dismissed on 23/02/1998 on the ground that he has reissued 55 tickets to the passengers and he has obstructed the checking officers to discharge their duty and he ran away by taking the way bill with him. The charge sheet was issued to him on 14/07/1998 and after filing of his reply and giving opportunity of hearing, respondent came to be dismissed. The respondent raised an industrial dispute which came to be decided by the Labour Court as aforestated.

(3.) Heard the learned Advocate for the petitioner at length and perused the relevant documents. Having considered the matter in detail, I am of the view that the misconduct alleged against the respondent would not warrant the punishment as imposed by the competent authority. At the same time it is required to be noted that while exercising power under section 11A of the Act the Labour Court has not imposed any penalty upon the respondent in spite of serious allegations. Therefore, I am of the view that interest of justice would be met by imposing a penalty of stoppage of five increments with future effect.