FAKIRMOHAMMED NOORMOHAMMED VORA Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 27.10.2004 passed by learned Industrial Tribunal, Nadiad in Reference (IT) No.75 of 2001 whereby the reference of the petitioner was rejected.

(2.) The case of the petitioner is that while he was working with the respondent-Corporation as Head Artisan, availed Leave Travel Concession (hereinafter referred to as LTC) for the block year 1993-1997 and thereby misappropriated sum of Rs. 10,000/-. Hence, he was issued charge-sheet. After holding departmental inquiry, the petitioner was inflicted with punishment of fixing his pay at Rs. 2424/- permanently after deducting two increments and recovery of total amount of Rs.19000/- including interest on the amount of Rs. 10,000/- misappropriated by him. Against the said order, an appeal has been preferred wherein the punishment was reduced to reversion of one increment and the order of recovery was not disturbed. The petitioner, therefore raised a dispute which was numbered as Reference (ITN) No. 75 of 2001 before the Industrial Tribunal, Nadiad. The Tribunal after adjudicating the matter, passed the award as stated hereinabove. Hence, this petition.

(3.) Heard the learned advocates for the respective parties. It is required to be noted that the misconduct alleged against the respondent that he had misappropriated sum of Rs. 10,000/- by availing the LTC. The Tribunal has considered all these aspects and rightly rejected the reference filed by the petitioner. It is found that the petitioner has attained the age of superannuation and he has retired. Considering the facts and circumstances of the case I am of the view that the judgement and award passed by the Tribunal is just and proper and no infirmity is pointed out to cause interference. The Tribunal Court has come to the conclusion that the claim put forward by the petitioner afresh appointment is not proper.