DIVISIONAL CONTROLLER Vs. HABIBBHAI REHMANBHAI CHAUHAN

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 31st December 2003 passed by the Industrial Tribunal, Rajkot in Reference (IT) No.195 of 1997 whereby three punishment orders against the respondent are quashed and set aside and imposed a punishment of stoppage of two increments without future effect and to give 25% amount of difference of salary.

(2.) The respondent was working as Conductor with the petitioner Corporation. The respondent committed three different defaults. Therefore by orders dated 11th January 1993, 21st July 1993 and 17th November 1994 punishment of stoppage of one increment with future effect, stoppage of five increments with future effect and stoppage of three increments with future effect has been imposed upon the respondent respectively. The respondent has challenged all the three orders by way of Reference (IT) No.195 of 1997 wherein the aforesaid judgement and order has been passed.

(3.) Heard the learned Advocates for the respective parties and perused the relevant documents placed on record. As a result of this exercise I am of the view that imposition of stoppage of nine increments is on higher side. At the same time, looking to the misconduct alleged against the respondent, the Industrial Tribunal Tribunal has taken a too lenient view. Having considered the matter at length and looking to the misconduct of the respondent, I am of the view that interest of justice would be met by imposing penalty of stoppage of one increment with future effect in each case.