GSRTC Vs. RAVJIBHAI B SOLANKI

JUDGEMENT

(1.) The petitioner has challenged the judgement and award dated 26th February 2002 passed by Industrial Tribunal, Vadodara in Reference (IT) no.47 of 1996.

(2.) The respondent was working as a conductor with the petitioner Corporation. On 3rd September 1992 the checking inspectors found that the respondent had neither issued tickets nor collected fare from total 17 passengers. Departmental inquiry was held and ultimately a penalty of stoppage of three increments with future effect was imposed upon him. The departmental appeal filed by the petitioner came to be dismissed. The reviewing authority felt that the penalty imposed was less and issued review show cause notice and ultimately imposed a penalty of placing him on his original pay of Rs.775/- by order dated 17th June 1996. The respondent therefore preferred Reference (I.T.) No.47 of 1996 before Industrial Tribunal, Vadodara which partially allowed the reference by restoring the original penalty of stoppage of three increments with future effect. it is against the said judgement and award that the present petition has been filed.

(3.) Heard the learned Advocates for the respective parties and perused the documents on record. There were 12 past defaults in the case of the respondent. In the alleged incident one passenger was found without ticket and another 16 passengers were not issued tickets. Keeping in mind the distance travelled and issuance of ticket the the penalty of stoppage of three increments was passed. However, on the same facts placing him to the original scale is disproportionate. I am of the view that even if other 12 defaults are taken into consideration, placing the respondent on his original pay scale is disproportionate. Therefore the penalty of three increments with future effect is just and proper and no infirmity is pointed out in the judgement and order of the Labour Court.