SAKRABHAI MANABHAI PARMAR Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) . The present petitioner has challenged the award dated 30th May, 1998 passed by the Industrial Tribunal, Ahmedabad, in Reference (IT) No. 200/1990.

(2.) . The case of the petitioner is that the learned Judge of the Industrial Tribunal, while considering the decision of the Appellate Authority of the Corporation whereby the order of dismissal was substituted by punishment of putting the petitioner on the minimum pay scale of the post of Conductor. Aggrieved of the same, the present proceedings were filed before the Industrial Tribunal. The Industrial Tribunal having found no substance, has rejected the Reference of the petitioner-workman. It is clear from the conclusions reached by the Tribunal that it has considered the quantum of penalty. The same was not found to be excessive, warranting interference at the hands of the Tribunal because 26 passengers were given the tickets of less amount after having collected the fare. This amounts to financial irregularity and misconduct of misappropriation. The Industrial Tribunal also considered that though it is the first incident, the gravity of the offence does not get reduced. The Tribunal was alive to the fact that the second Appellate Authority has itself taken a lenient view in the matter and has given indulgence by granting reinstatement to the petitioner-workman by substituting the punishment of dismissal. In such circumstances, the Industrial Tribunal has thought it fit to reject the Reference for the reasons recorded in the order.

(3.) . In view of the aforesaid discussion, this Court does not find any substance in this petition and the same is dismissed. Rule is discharged. No order as to costs.