DIVISIONAL CONTROLLER Vs. KAPILDEVSING KESHARNATHSING THAKUR

JUDGEMENT

(1.) By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the judgment and award dated 18.02.2006 passed by the Presiding Officer, Labour Court, Surat in Reference (L.C.S.) No. 417 of 2005 whereby the Reference was partly allowed and the dismissal order passed by the Corporation on 29.03.2004 has been quashed and set aside. The petitioner-Corporation was directed to reinstate the respondent-workman with continuity of service and without backwages.

(2.) The case of the petitioner is that the respondent- Conductor was working with petitioner-Corporation. On 27.06.2003, on a surprise checking, it was found that three tickets have been reissued. The respondent was issued charge-sheet and after departmental inquiry, he was dismissed from service on 29.03.2004. The respondent, therefore, raised a dispute before the Labour Court by way of Reference (L.C.S.) No. 417 of 2005, wherein the Labour Court, Surat has passed the award as stated hereinabove which is challenged in the present petition.

(3.) Heard learned advocates appearing for the respective parties and perused the documents on record. As a result of this exercise, looking to the misconduct, I am of the view that such a misconduct would not warrant dismissal of the employee from service. Therefore, the Labour Court was justified in reinstating the respondent.