DIVISIONAL CONTROLLER Vs. KIRITSINH MANGALSINH ZHALA

JUDGEMENT

(1.) BY way of this petition, the petitioner has challenged the judgement and award of the Labour Court, Rajkot, passed in LCR No. 139 of 2004 on 7.6.2007 whereby the Labour Court has allowed the Reference partly and directed the petitioner to reinstate the workman to his original post with continuity of services without backwages. The order dated 8.9.2000 passed by the authority of stoppage of increment for one year without future effect was confirmed.

(2.) THE case of the petitioner is that he was working as conductor. When the checking squad carried out check, certain financial irregularities committed by the workman were noticed. He collected fare from the passengers without issuing tickets. Chargesheet was served to the workman. After holding Departmental Inquiry, penalty of stoppage of one increment without future effect was imposed upon the workman vide order dated 8.9.2000. Against the said order, appeal was preferred by the workman. The appellate authority enhanced the penalty of stoppage of one increment without future effect to dismissal from service vide order dated 9.5.2002. The respondent workman filed Second Appeal before the appellate authority which is pending. In the meanwhile, Reference was filed before the Labour Court, Rajkot, against the dismissal order of the appellate authority.

(3.) THE Labour Court, Rajkot, passed the order as aforesaid. Therefore, the petitioner is before this Court.