DIVISIONAL CONTROLLER Vs. RAMANBHAI SOMABHAI VASAVA

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Labour Court, Bharuch in Reference (LCB) No.17/1998 dated 28.06.2003.

(2.) The facts in brief are that in connection with some irregularity alleged to have been committed by the respondent in the issuance of tickets, the punishment of dismissal from service was imposed vide order dated 29.03.1995. Being aggrieved by the said order, the respondent raised a dispute, by way of a reference, which came to be partly allowed, whereby, the petitioner was directed to reinstate the respondent with continuity in service and 25% back wages, by way of the impugned award. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. From the record, it appears that during the service career of two to three years, the respondent had committed 5 defaults, which also included financial irregularities. Looking to the facts of the case and the past record of the respondent, the Tribunal ought to have imposed some penalty while exercising powers u/s. 11-A of the I.D. Act. In my opinion, if the penalty of stoppage of one increment with future effect is imposed on the respondent, the same would be just and appropriate.