DIVISIONAL CONTROLLER Vs. KESHAV ARJAN SUREJA

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 19th August 2003 passed by Labour Court, Junagadh in Reference (LCJ) No.257/95 whereby the Labour Court set aside the order treating the period of 24.6.1993 to 27.4.1996 as leave without pay and directed to pay 50% back wages for the said period. The Tribunal also set aside the order placing the respondent at his basic salary for seven years and directed to pay difference of salary from the date of dismissal and to pay the entire amount after calculating the receivable increments to the respondent.

(2.) The respondent herein was service with the petitioner as a Conductor. On 31st July 1991 on a surprise checking by the squad, it was found that the respondent has committed certain financial irregularity. A chargesheet was issued followed by a departmental inquiry which resulted into dismissal of the respondent from service. The respondent filed First Appeal before the first appellate authority which came to be dismissed. The second appellate authority reduced the punishment of dismissal to placing him at his basic salary for seven years and to treat the period from dismissal to reinstatement as leave without pay. The respondent therefore raised a dispute which was referred to Labour Court and ultimately resulted into passing of the aforesaid award.

(3.) Heard the learned Advocate for the petitioner at length and perused the relevant documents. Having considered the matter in detail, I am of the view that the misconduct alleged against the respondent would not warrant the punishment as imposed by the competent authority. At the same time it is required to be noted that while exercising power under section 11A of the Act the Labour Court has not imposed any penalty upon the respondent in spite of serious allegations. Therefore, I am of the view that interest of justice would be met by imposing a penalty of stoppage of five increments with future effect.