GSRTC Vs. KARSHANBHAI P KHARADIYA

JUDGEMENT

(1.) HEARD learned Advocate Mr. Hardik Rawal for the petitioner and Mr. Mukesh Rathod for the respondent workman.

(2.) BY filing of this petition under Article 226 and 227 of the Constitution of India, the petitioner is challenging the order dated 19.01.2006 passed by the Industrial Tribunal, Bhavnagar in Reference (IT) No. 39 of 1999 whereby the punishment order was quashed and set aside.

(3.) MR . Hardik Rawal, learned advocate appearing for the petitioner submitted that the Tribunal has erred in not appreciating the fact that already a lenient view was taken by the appellate authorities. He submitted that looking to the gravity of offence where one passenger expired and three sustained injuries, this Court may impose some punishment on the respondent workman instead of allowing him to go scott- free.