DIVISIONAL CONTROLLER Vs. BABUBHAI AMBARAM PATEL

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 12th March 2004 passed by Labour Court, Surat in Reference (LCS) No.217 of 2003 whereby the petitioner Corporation was directed to reinstate the respondent without back wags and imposing a penalty of stoppage of four increments with future effect.

(2.) The respondent was serving as conductor with petitioner Corporation. On 30th December 2001 it was found that the respondent had committed irregularity of misappropriation of Rs.100/-. The allegation was that though he had collected fares from passengers, he had not issued tickets. Departmental proceedings were initiated against him which resulted in termination of the services of the respondent. The respondent therefore raised a dispute which was numbered as Reference (LCS) No.217 of 2003 wherein the Labour Court, Surat has passed the award as stated hereinabove which is challenged in the present petition.

(3.) Heard the learned Advocates for the respective parties and perused the relevant 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.