MEGHJIBHAI NAGAJIBHAI NARIGARA Vs. DIVISIONAL CANTROLLER

JUDGEMENT

(1.) These petitions are directed against the judgement and award dated 30th December 2004 passed by Industrial Tribunal, Ahmedabad in Approval Application No.165 of 1997 whereby the Tribunal rejecting the approval application and directing the employer (hereinafter referred to as petitioner-employer) to reinstate the employee (hereinafter referred to as the respondent-employee) by imposing a penalty of stoppage of two increments without future effect. The employer has filed Special Civil Application No.13611 of 2006 challenging the said award whereby the employer was directed to reinstate the workman. The respondent-workman has filed Special Civil Application No.2592 of 2006 challenging the imposition of penalty and non grant of back- wages.

(2.) The respondent-workman was serving as Conductor with the petitioner employer. On 21st December 1995 on a surprising checking it was found that certain irregularities were committed by respondent workmen. Though fares were collected, he had not issued tickets to the passengers. A chargesheet was issued to him followed a departmental inquiry and ultimately the respondent-workmen came to be dismissed from service. Thereafter an approval application was moved before the Industrial Tribunal for confirmation of dismissal wherein the Industrial Tribunal has passed the aforesaid award.

(3.) According to the learned Advocate for the petitioner-employer, the Industrial Tribunal ought not to have directed the petitioner to reinstate respondent-workman inasmuch as there are about 10 defaults on the part of the respondent workman and when there was loss of revenue due to the misappropriation by the workman, he should not be continued in service.