G S R T C Vs. PRAVIN JOSHI

JUDGEMENT

(1.) Instant appeal which is filed under Clause 15 of the Letters Patent, is directed against judgment and order dated April 21, 1998 rendered by the learned Single Judge in Special Civil Application No. 9042 of 1997 by which award dated April 28, 1997 rendered by the Labour Court, Bhavnagar in Reference (LCB) No. 398 of 1993, directing the appellant - Gujarat State Road Transport Corporation ('GSRTC' for short) to reinstate its employee, Pravin C. Joshi - the respondent herein, in service on his original post, with 50% back-wages, is upheld with modification to stop three increments of the respondent without future effect.

(2.) The respondent was an employee of the GSRTC working in the cadre of Conductor. He joined the services in the time scale with effect from March 4, 1972. On January 7, 1991, when he was on duty in the S.T. Bus, the bus was intercepted and checked by the checking squad of the GSRTC. At that time it was found that the respondent had involved in financial irregularities. Hence, a charge-sheet was issued and departmental inquiry was held against him. As the charges were proved in the departmental inquiry, a show-cause notice was issued to him on October 10, 1991. Thereupon the respondent had filed Regular Civil Suit No.357 of 1991. Since the stay granted in the said suit was vacated, further proceedings of the said show cause notice proceeded further and thereafter he was dismissed from the service with effect from February 24, 1992.

(3.) Aggrieved by the said order of dismissal, the respondent approached the Assistant Labour Commissioner, Amreli for raising dispute under the provisions of the Industrial Disputes Act, 1947 and filed statement of claim advancing his cause for reinstatement with back-wages. On failure of the conciliation proceedings, the Assistant Labour Commissioner, Amreli referred the dispute to the Labour Court, Bhavnagar for adjudication.