DIVISIONAL CONTROLLER Vs. BALUSINH MADHUSINH JHALA

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 15.09.2008 passed by the Industrial Court, Ahmedabad in Reference [IT] No. 375 of 2000, whereby the Industrial Court had directed the petitioner allowed the Reference and set aside the penalty imposed by the petitioner vide order dated 10.02.1999.

(2.) The short facts of the case are that the respondent workman at the relevant time was working as Conductor with the petitioner Corporation. The allegation against the respondent workman is that while he was discharging his duties on the route from Palendra Vasana to Siywada, the bus was checked by the checking squad and it was found that the respondent workman has committed certain financial irregularities. After following due procedure, the disciplinary authority of the petitioner imposed a penalty by placing him six steps down from his basic pay. The first appeal preferred by the respondent against the order of the disciplinary authority came to be rejected. Against the said action, the respondent raised a dispute by way of Reference [IT] No. 375 of 2000, which was allowed by way of impugned award. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. The respondent was found guilty of serious irregularities / misconducts on 86 different occasions in the past. Being an employee, attached with a public utility sector, it was the duty of the respondent to take necessary care and caution while discharging his duties. In spite of having committed such defaults in the past, the respondent had not exercised reasonable care and was found negligent, which is highly unbecoming of a Government employee.