DIVISIONAL TRAFFIC CONTROLLER Vs. NANJIBHAI K BODAT

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 02.12.2003 passed by Labour Court, Bhavnagar in Reference (L.C.B) No. 63 of 1991 whereby the reference of the respondent was partly allowed by dismissing the order passed by the petitioner-Corporation and the petitioner-Corporation is directed to reinstate the respondent with continuity of service and without backwages. The Labour Court has substituted the punishment from dismissal to stoppage to three increments with future effect.

(2.) The respondent was working with the petitioner-Corporation as a Conductor. It was found that while on duty, the respondent had not punched the tickets properly, correcting way bill etc. He was chargesheeted. After holding departmental inquiry, the respondent was dismissed from service. The respondent, therefore raised a dispute which was recorded as Reference (L.C.B) No.63 of 1991 before Labour Court, Bhavnagar. The Labour Court after adjudicating the matter passed the impugned judgement and award as stated hereinabove.

(3.) Having heard the parties, I am of the view that the judgement of the Labour Court is justified for reinstating the respondent as dismissal from service is a penalty too harsh. However, looking to the 18 defaults committed by the respondent, the penalty of stoppage of three increments imposed by the Labour Court upon the respondent is just and proper.