HASMUKHBHAI BACHUBHAI PANSURIYA Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioner-workman has prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgement and award passed by the Industrial Tribunal, Bhavnagar dated 19/12/2009 in Reference (I.T) No. 35/2007 by which the Industrial Tribunal has dismissed the said Reference.

(2.) Departmental inquiry was initiated against the petitioner by the respondent for the misconduct of recovering the amount and not issuing the tickets to the passengers. In the departmental inquiry the charge of recovering the amount and not issuing the tickets to the passengers came to be proved and established and the disciplinary authority imposed punishment of withholding increment for 10 years with future effect. Being aggrieved and dissatisfied with the order passed by the disciplinary authority of imposing punishment of withholding increment for 10 years with future effect, the petitioner preferred departmental appeal, which came to be confirmed. Being aggrieved and dissatisfied with the same, the petitioner-workman raised industrial dispute, which was numbered as Reference (I.T) NO. 35/2007 and the learned tribunal vide order dated19/12/2009 dismissed the said Reference, against which the petitioner has preferred the present Special Civil Application under Article 227 of the Constitution of India.

(3.) Shri Mukesh Rathod, learned advocate appearing on behalf of the petitioner-workman has tried to assail the impugned judgement and award by submitting that imposing of penalty of withholding increment for 10 years with future effect is excessive looking to the charge proved against the petitioner and, therefore, it is requested to consider the above and pass an appropriate order.